MINUTES OF:

TOWN OF HAGUE

 PLANNING BOARD MEETING

OCTOBER 2, 2008

 

 

There were no Public Hearings scheduled for this meeting.

Chairman, EJ Siwek called the meeting to order at 7:00pm.

Board members present were:  Chairman, EJ Siwek, Dick Frasier, Pam Peterson, Bruce Clark, John Brown, Martin Fitzgerald, Sr. Rolly Allen was absent.  Also, in attendance was ZEO, Cathy Clark.  

APPROVAL OF MINUTES: MEETING OF: SEPTMBER 4, 2008

Bruce Clark made motion to approve minutes of the September 4, 2008 as submitted, Pam Peterson 2nd   motion. Roll Call Vote: Ayes EJ Siwek, Dick Frasier, Pam Peterson, Bruce Clark, John Brown, Martin Fitzgerald, Sr. Nay - 0

Vote to approve: 6-0

 SUBDIVISIONS:

ZEO, Cathy Clark read the following:

1. CLARK (43.5-2-18, 19, & 20)  9015 Lakeshore Drive (Hamlet) 

The applicant is requesting a minor subdivision of three lots.  If approved a total of 4 lots will be created.

Zoning issue:  150-6 Review of a minor subdivision.

 

A site visit was held on September 8, 2008. Comments regarding findings during the site review from Planning Board members were as follows:

 

1) Area around the steep slope and brook portion of the property should be measured and set as a permanent “No Disturbance Zone”.

2) Is driveway wide enough for emergency vehicles? It was later mentioned that the Fire Chief stated the driveway was wide enough for emergency vehicles because the proposed right of way is 20 ft.

            3)  How do we protect future of the properties development?

            4) Right of way regarding the larger lot. (lot 4) 18ft path.

            5)  Future subdivisions water and electric service.

            6) Future sewer system..

            4) The access to lot 4 is steep.

            8) Lot shape of lot 1, where springhouse is located, it would be considered an irregular parcel.   

            9) Tree cutting

 

 

 

CLARK (43.5-2-18, 19, & 20)  9015 Lakeshore Drive (Hamlet)  (continued)

 

Based on findings, Chairman, EJ Siwek, suggested the following stipulations regarding application:

 

1) “Create a No Disturbance Zone along the creek area to assure to maximize erosion control and any disturbance in that area”.

2) “Also, a stipulation of any further subdivision of lot 4 would kick into a major subdivision.”

 

A motion was made by Bruce Clark to schedule a public hearing on November 6, 2008, Martin Fitzgerald 2nd the motion.  Roll Call Vote: Ayes EJ Siwek, Dick Frasier, Pam Peterson, Bruce Clark, John Brown, Martin Fitzgerald, Sr. Nay - 0

Vote to approve: 6-0

 

Cathy Clark read the following:

2.RYPKEMA (24-1-2) 263 Summit Drive (OCI/OCII)

The applicant is applying for a two lot subdivision of a 200.23 Parcel.  If approved Lot 1 will consist of 25.81 acres and Lot 2 will contain 174.42 acres.   A 300 foot strip of land  will provide access to Lot 2 from Summit Drive.

Zoning Issues:  150-6 Review of Minor Subdivision.

 

Pam Peterson motioned to deem the application complete, John Brown 2nd the motion. Provided that the material is correct as it is provided in the application.

Roll Call Vote: Ayes EJ Siwek, Dick Frasier, Pam Peterson, Bruce Clark, John Brown, Martin Fitzgerald, Sr. Nay - 0

Vote to approve: 6-0

 

A site visit is scheduled for Monday, October 6, 2008. At 3:00pm.   A Rain date of Wednesday, October 8, 2008 was also scheduled.

 

Public hearing date was set for Thursday, November 6, 2008.

 

 

REFERALS TO THE ZONING BOARD OF APPEALS:

 

Cathy Clark read the following:

1. ANDES  (43.13-1-38) 35 Bayberry Lane (TR-1)

The applicants would like to add a partial second story 959 sq. ft.(491 sq. ft. of living space) & and 12’x 15’ deck to a non conforming house. 

Zoning issues: 160-23 A. frontline setback & 160-62 A. More then a 25% increase of Sq. Ft. to a nonconforming structure.

 

            Comments regarding application were as follows:

1)      Cape Cod Village approved plans.

2)      The proposed front deck makes the structure more nonconforming.

3)      Still within lot percentage of use.

4)      Front line meeting set back, if deck approved it would not.

ANDES  (43.13-1-38) 35 Bayberry Lane (TR-1)(continued)

 

5)Carport is in way of changing deck layout.

 

John Brown made a motion to approve the plans as submitted, based on the feed back that they (the plans) have been reviewed and accepted by the property owner association, Martin Fitzgerald 2nd the motion.

 

NOTE:

Dick Frasier also stated that the approval should  include that the Planning Board would  like to see something from the property owners association regarding their (property owner association) decision.

           

Roll Call Vote: Ayes EJ Siwek, Dick Frasier, Pam Peterson, Bruce Clark, John Brown, Martin Fitzgerald, Sr. Nay - 0

Vote to approve: 6-0

 

 

 

OLD BUSINESS: None

 

 

NEW BUSINESS:

 

Cathy Clark read the following:

PETER HAVEN (43.13-1-7) 8828 Lakeshore Drive (TR-1)

The applicant would like to replace an existing 306 sq. ft. one story, storage & recreational building with a new 612 sq. ft. two story storage& recreational building.  The building is a legal nonconforming structure due to the five foot setback from Lake George.  The footprint will remain the same.

Zoning issue: 160-62 A. Continuation of a nonconforming structure

 

            Comments regarding application were as follows:

1)      A second application was submitted changing the usage of the building from a boathouse to an accessory structure with recreational use for the past 30 years or so.

2)      No plans for staircase

3)      New building will replace old building

4)      Applicant provided letters supporting that the building has been used as multiple use structure.  Including “boat storage, ping pong, teenage parties and as a rainy day play area”.

5)      Currently structure is 5ft from the water,

6)      Double the space in building.

7)      Family called the structure “The Boathouse”.

8)      How long is a building grand fathered in?

9)      Proximity to water.

 

Jeff Engler was present and did not want to address the board.

 

PETER HAVEN (43.13-1-7) 8828 Lakeshore Drive (TR-1)(Continued)

 

Bruce Clark made a motion to accept application based on the fact that the APA sent letter in support of continuing use as an Accessory structure,  which is deemed an allowable use. With the stipulation, that the building be rebuilt on the footprint of the existing space, or as close to the existing footprint.  Also, that the secondary tool shed would be demolished and removed. Dick Frasier 2nd the motion.

Roll Call Vote: Ayes- Dick Frasier,  Bruce Clark, John Brown, Martin Fitzgerald, Sr. Nay - EJ Siwek,  Pam Peterson

Vote to approve: 4-2

 

 

 

 

OTHER BUSINESS:

1. On Line Training available at:   www.nypf.org

            ZEO, Cathy Clark stated that some board members need hours in training, she suggested the power point program she has available as well books on tape. In addition, training is also available at www.nypf.org.  Cathy had suggested that the Zoning and Planning Boards get together to review the power point program.

            Chairman, EJ Siwek suggested work groups and grant money to obtain a consultant.

2. January 1, 2009 meeting should be moved to January 8, 2009, due to the New Year Day holiday.

            The January 1, 2009 meeting will be moved to January 8, 2009.

 

3. Bruce and Cathy Clark requested permission to address the Board.

 

            Bruce and Cathy Clark excused themselves from the Board to discuss issues that they are currently having with The Firehouse Restaurant.  Mrs. Clark read the letter that she sent to the owners of the Firehouse Restaurant regarding ongoing noise issues. In the letter she requested a meeting with the owners of the Firehouse Restaurant  to come to an agreement about closing the exterior doors at 10:30 pm when they have live entertainment.   After sending the letter certified mail, there was no response from either owner Crispin Ginn or Sherri DeLarm. 

            Mrs. Clark referred to The Firehouse Restaurants web page that shows the entertainment venue.  Also, referring to Planning Board minutes dated 6/0/06  “Peter Foster made a motion to approve modification to existing site plan dated 4/19/04, with the condition that if noise is a problem , the applicants will return to the Planning Board with a proposed solution.”

            It is at this time Mr. and Mrs. Clark are asking that the Planning Board bring the owner’s of the Firehouse Restaurant back to the Planning Board regarding the complaints of Hague taxpayers regarding the ongoing noise problems.

 

Comments from the Board regarding the Clark’s concerns are as follows:

1) The noise was a concern from the beginning and that the applicants agreed to come back, if there were any problems, concerning the issue of noise. 

            2) There is also documentation the applicants have been told about noise.

            3)  A letter should be sent to the applicants asking them to appear before the

            Board.

 

 

 

Bruce and Cathy Clark (continued)

 

Chairman, EJ Siwek made a motion to  issue a letter the Ginn’s asking that they attend the meeting on November 6, 2008, to come to a resolution to eliminate the noise. John Brown 2nd the motion.

Roll Call Vote: Ayes- Dick Frasier,  John Brown, Martin Fitzgerald, Sr., EJ Siwek,  Pam Peterson  Nay-0, Recuse - Bruce Clark

Vote to approve: 5-0-1

 

The Board will also follow up with the Town of Hague Attorney.

 

 

ADJOURNMENT:

 

At 8:30pm, Chairman, EJ Siwek made a motion to adjourn the meeting, John Brown 2nd the motion.  Roll Call Vote: Ayes EJ Siwek, Dick Frasier, Pam Peterson, Bruce Clark, John Brown, Martin Fitzgerald, Sr. Nay - 0

Motion passed: 6-0

 

 

 

Respectfully submitted by,

Kim Coffin

Recording Secretary