PLANNING BOARD
Minutes
APRIL 2, 2009
PUBLIC HEARINGS:
None
CALL MEETING TO ORDER:
EJ Siwek called the meeting to order at 7:00pm
INTRODUCTION OF BOARD MEMBERS:
Chair, EJ Siwek, Richard Frasier, Martin Fitzgerald, Sr., Bruce Clark, Pam Peterson, John Brown, ZEO, Cathy Clark and Recording Secretary, Kim Coffin
There is one Board vacancy.
Also in attendance was, Town Attorney, Dominic Viscardi.
APPROVAL OF MINUTES: MEETING OF: March 5, 2009
Pam Peterson made the motion to approve the minutes from March 5, 2009 with corrections, John Brown 2nd the motion.
Roll call vote: Ayes: EJ Siwek, Richard Frasier, Martin Fitzgerald, Sr., Bruce Clark, Pam Peterson and John Brown.
Nay: None
Motion passes 6-0
SUBDIVISIONS:
There were no new subdivisions.
REFERALS TO THE ZONING BOARD OF APPEALS:
There were no new referrals.
OLD BUSINESS:
None
NEW BUSINESS:
ZEO, Cathy Clark read the following:
1. BRAUNER (60.13-1-7) 37 Red Fox Lane (TR-1)
The applicant is a applying for an addition to an existing house. Currently the house sits 58’ 5” from the MHW mark of Lake George, if approved the proposed addition would sit 56’ 4” from the lake.
Zoning issue: 160-23 C (1) (g) new development within 100’ of the lake.
Mike Phinney and Tim Wade from Phinney Design Group was in attendance representing the Brauners. Mike Phinney gave a presentation of the property plans.
He stated the correct the setback to current house was 58’ 5” to the MHW of the lake. Application was deemed complete.
A site visit was scheduled for Friday, April 3, 2009 at 8:00am
The board stated that tonight’s meeting would be held open until the completion of the April 3, 2009 site visit.
ZEO, Cathy Clark read the following:
2. ICKE (26.14-1-16) 39 Waltonian Rd (TR-1R)
The applicant would like to construct a 8’ x 45’ x 8’ high pergola which will be attached to the north side of an existing house. If approved it will sit 50’ from the MHW mark of Lake George.
Zoning issue:
160-24 C. (b) New development within 100’ of the lake.
Eugene Slade, contractor for Icke application was present for the meeting. Eugene answered some questions from the board. It was then decided that the sideline needs to be measured. The board will conduct the measurement at the site visit which was scheduled for Friday, April 3, 2009 after the Brauner site visit.
Bruce Clark made the motion to deem the application complete, Martin Fitzgerald 2nd the motion.
Roll call vote: Ayes: EJ Siwek, Richard Frasier, Martin Fitzgerald, Bruce Clark, Pam Peterson and John Brown.
Nay: None
Motion passes 6-0
ZEO, Cathy Clark read the following:
Ginn/Delarm (43.5-1-3) 9813 Graphite Mt. Rd. (Hamlet)
The applicants are requesting relief from a previous Planning Board approval (2004). They are requesting approval to serve food and alcoholic beverages on their restaurant’s rear concrete patio and in front of the restaurant. The rear patio was previous approval was for smoking.
Zoning issue:
160-20 C (1) (h) Hamlet & 160-35 Site Plan
Bruce Clark recused himself from the Ginn/Delarm application and moved to the audience.
Chris Ginn was present for meeting. Chris had stated that a resident from the town
of Hague contacted the Liquor Board stating that they were serving food and
alcohol in undesignated areas. Ginn stated that when they file their original application to the ABC board they didn’t apply for out door service, due to the fact
that they did not have the rear patio at that time. Chris Ginn and Sheri Delarm
(owners of the Firehouse Restaurant) are now applying to ABC to serve food and alcohol on the rear deck and in the front outside area. Chris had also stated that ABC will not entertain their application until they have local approval. Finally Chris agreed that he would provide the Planning Board with the letter from ABC.
The Planning Board, Town Attorney and Chris Ginn then had a lengthy discussion regarding the application and concerns brought forth because of the changes proposed. The major concerns are in the form of the below motion, made by Chair, EJ Siwek.
Richard Frasier made a motion to deem the application complete, Martin Fitzgerald, Sr. 2nd the motion.
Roll Call vote: Ayes: EJ Siwek made a mot EJ Siwek, Richard Frasier, Martin Fitzgerald, Pam Peterson and John Brown.
Recuse: B. Clark
Nay: None
Motion passes 5-0-1
E J Siwek made a motion to have applicant return to the Board for review at the next meeting with answers to the following questions asked by the board.
Back deck questions: 1. What is the certified weight capacity of the deck? Will it hold 32 people, as depicted on the application? 2. What is the evacuation route? What egress is required? 3. What is the handicap accessibility of the deck?
Front service area questions: 1. What is design and placement of stanchions to secure the service area from traffic? 2. What are ABC requirements for outside service? Do the employees have to be able to see the diners seated outside? 3. What are the DOT set backs?
Richard Frasier 2nd the motion.
Roll call vote: Ayes: EJ Siwek, Richard Frasier, Martin Fitzgerald, Pam Peterson and John Brown.
Recuse: B. Clark
Nay: None
Motion passes 5-1-0
The discussion of the Board about the need for a public hearing included that a public hearing must be held before the board could deny any part of an application and the fact that no public hearing has ever been held for the Firehouse Restaurant.
Ginn/Delarm (43.5-1-3) 9813 Graphite Mt. Rd. (Hamlet) (CONTINUED)
Richard Frasier made the motion to schedule a Public Hearing for the May 7, 2009 Planning Board meeting. Pam Peterson 2nd the motion.
Roll call vote: Ayes: EJ Siwek, Richard Frasier, Martin Fitzgerald, Pam Peterson and John Brown.
Recuse: B. Clark
Nay: None
Motion passes 5-1-0
A site visit was scheduled for May 1, 2009 at 8:30am
OTHER BUSINESS: Local Government Day, APA report
EJ Siwek & Pam Peterson both gave a brief report on Local Government Day that they attended.
Respectfully submitted by:
Kim Coffin
Recording Secretary