JANUARY 8, 2009
TIME: 7:00 PM
INTRODUCTION OF BOARD MEMBERS:
Chair E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr. Absent: Dick Frasier & one vacancy
PUBLIC HEARINGS:
ZEO Cathy Clark read hearing notice published date 12-28-08, Post Star:
1. BENWAY (2-1-21) 990 New Hague Road ( OC1)
The applicant is requesting a two lot subdivision of a 12.20 acre lot. If approved Tax Map # 2-1-21 will consist of 11.78 acres with .42 acre to be merge with Tax Map # 11-1-6.1 (Kruger) 17.40 acre lot. The transfer of land is needed for a driveway entrance.
Zoning issue: 150-6 Review of minor subdivision
Charles Antonetti, a neighbor of the applicant was in attendance and was in favor of the subdivision.
No one spoke against subdivision.
Bruce Clark made motion to close public hearing, John Brown 2nd the motion.
Roll call: Ayes E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr Ney: none Motion passes 5-0 vote
Hearing closed at 7:05 pm
CALL MEETING TO ORDER:
The meeting was called to order at 7:05pm.
APPROVAL OF MINUTES: MEETING OF: December 4, 2008
Pam Peterson made motion to approve minutes with corrections, Martin Fitzgerald 2nd the motion.
Roll call: Ayes E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr Ney: none Motion passes 5-0 vote
SUBDIVISIONS:
ZEO, Cathy Clark read the following:
1. BENWAY (2-1-21) 990 New Hague Road ( OC1)
The applicant is requesting a two lot subdivision of a 12.20 acre lot. If approved Tax Map # 2-1-21 will consist of 11.78 acres with .42 acre to be merged with Tax Map # 11-1-6.1 (Kruger) 17.40 acre lot. The transfer of land is needed for a driveway entrance.
Zoning issue: 150-6 Review of minor subdivision.
A site review was completed.
Bruce Clark read the prepared SEQR Determination. (See attached)
and made the motion to declare a negative declaration on the Benway SEQR report. Pam Peterson 2nd the motion.
Roll call: Ayes E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr Ney: none
Motion passed: 5-0 vote
Application facts and findings are as follows:
· Benefits the comprehensive plan
· Meets the subdivision regulations.
· A Negative Declaration was issued for the SEQR review
John Brown made the motion to approve the subdivision with the condition:
“Future sub-division of any lot on this plat equaling a total of 5 or more cumulative lots, excepting those lots pre-existing prior to the enactment of the Adirondack Pack Act (May 22, 1973), will cause the plat to be deemed a major sub-division as warranted by the Planning Board.”
Martin Fitzgerald 2nd the motion.
Roll Call Vote: Ayes: E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr. Ney: none
Motion approved by a vote of 5-0
REFERALS TO THE ZONING BOARD OF APPEALS:
ZEO, Cathy Clark read the following:
1. O’LEARY (26.10-1-21) 24 Spring Lane (TR-1R)
The owner is requesting a variance for a 13’ 6” x 26’ 6” deck addition to a nonconforming structure. The existing house and proposed deck sits approximately 30’ from Lake George.
An APA Jurisdictional Determination J2008-800 has been returned.
Zoning issues: 160-50 B (b) Shoreline setback
A site visit was conducted on Friday the 2nd of January 2009.
O’LEARY (26.10-1-21) 24 Spring Lane (TR-1R) continued:
Comments regarding site visit are as follows:
· No roof coverage
· Vent coming out of the foundation needs to be removed
· The deck would add little visual impact to the surrounding land or from the lake due a neighboring two story boathouse that would shield any view of the deck.
Bruce Clark made the motion to recommend approval of the deck to the Zoning Board with the condition that it maintains set backs, no further encroachment to the lake, deck built as submitted, and no roof will be added to the deck without the owner going back to the Zoning Board for additional approval.
John Brown 2nd the motion.
Roll Call Vote: Ayes: E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr. Ney: none
Motion to recommend approval passed.
OLD BUSINESS: None
NEW BUSINESS: None
OTHER BUSINESS:
1. TELECOMMUNICATION ORDINANCE
Comments regarding Telecommunication:
· E J Siwek requested an addition of a sentence in section E. which should read “ The reasonable cost for such removal shall be born by the applicant/owner.”
· Spelling correction be made
Bruce Clark made the motion to recommend the Telecommunication Ordinance to the Town Board.
Chairman, EJ Siwek 2nd the motion
Roll Call Vote: Ayes: E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr. Ney: none
Motion to recommend with condition passed.
2. LGPC STREAM CORRIDOR REGULATIONS
Comments regarding the LGPC Stream Corridor Regulations: The Planning Board will discuss the new regulations at their Feb. 5, 2009 meeting
ADDITIONAL ITEMS NOT ON THE AGENDA:
Meeting Schedule:
Change the July 2, 2009 meeting to be July 9, 2009.
Deputy Chair Slot:
The Town Board has asked Dick Frasier to fill this position.
Planning Board members will begin to be paid semi annual.
Rolly Allen resigned from the Planning Board:
The Planning Board would like to thank Rolly Allen for his years of service to the board. He will be greatly missed.
ADJOURNMENT:
Bruce Clark made the motion to adjourn, Martin Fitzgerald 2nd the motion.
Roll Call Vote: Ayes: E J Siwek, Bruce Clark, Pam Peterson, John Brown, and Martin Fitzgerald, Sr. Ney: none
Motion approved by roll call vote of 5-0
Meeting adjourned at 7:45pm
Respectfully submitted by:
Kim Coffin
Recording Secretary