PLANNING BOARD
MINUTES OF:
MAY 7, 2009
PUBLIC HEARINGS:
Chairman, EJ Siwek called public hearing to order at 7:00pm
Bruce Clark, recused himself from the Ginn/Delarm public hearing.
ZEO, Cathy Clark read the following:
Ginn/Delarm, The Hague Firehouse Restaurant (43.5-1-3)
9813 Graphite Mt. Rd. (Hamlet)
The applicants are requesting relief from a previous Planning Board approval (2004). They are requesting after-the-fact approval to serve food and alcoholic beverages on their restaurant’s rear concrete patio and in front of the restaurant.
Twenty-two people spoke in favor of the current business operators of the Fire House Restaurant. They also spoke in favor of growth of businesses in the town of Hague. Among these comments people also stated that the town of Hague is in need of crosswalks and more signage to ensure public safety. There was also a petition signed from over 150 people in support of the Fire House Restaurant.
There were two direct neighbors that were against The Firehouse Restaurant serving food and alcoholic beverages outside of the building. Their concerns were with increasing noise because of the summer season and the close proximity to residential homes both, out front and behind the restaurant.
Martin Fitzgerald made the motion to close the public hearing. Richard Frasier 2nd the motion.
Roll call vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald and John Brown
Nays: Pam Peterson
Recluse: Bruce Clark
Motion passes: 5-1-1
CALL MEETING TO ORDER:
Chairman, EJ Siwek called the meeting to order at 8:20pm
INTRODUCTION OF BOARD MEMBERS:
EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, John Brown, Pam Peterson, Bruce Clark, ZEO, Cathy Clark and recording secretary, Kim Coffin.
APPROVAL OF MINUTES: MEETING OF: April 2, 2009
John Brown made the motion to approve the minutes with suggested correction. Pam Peterson 2nd the motion.
Roll call vote: Ayes- EJ Siwek, Richard Frasier, Martin Fitzgerald, John Brown, Pam Peterson and Bruce Clark.
Nays: none
Abstained: Michael Cherubini
Motion passes: 6-0-1
Chairman, EJ Siwek suggested that the board revise the agenda.
OLD BUSINESS:
Bruce Clark, recused himself from the Ginn/Delarm application.
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 after-the-fact approval to serve food and alcoholic beverages on their restaurant’s rear concrete patio and in front of the restaurant.
Zoning issue: 160-20 C (1) (h) Hamlet & 160-35 Site Plan
Chairman, EJ Siwek read a letter from Sheri Delarm in response to the questions from Planning Board members at the meeting on April 2, 2009.
It was stated by Sheri Delarm that:
1) A bartender does not need to see the outside of the building. However, outside areas serving alcohol must be supervised by servers and or managers. As noted by Diane Rost, NYS Liquor Authority Examiner.
2) The Firehouse Restaurant does not need a DOT right away.
3) An egress is required off of the back deck. As stated by Karen Putney from Warren Co. Fire Prevention.
4) The load bearing strength of the back deck is 432,000 lbs sq. ft.
5) The smoking section will have to be relocated to the front of the restaurant next to the overhead doors.
Ginn/DeLarm continues:
6) It was also stated by Warren Co Fire Prevention that the Back doors are not an official exit.
7) There will be a seasonal rod iron fence erected in the front of the building.
8) The Firehouse plans to add 16 more seats to the front of the building.
The Firehouse Restaurant plans to serve food in both front and back locations until 11:00pm and will continue to close the larger doors to the back deck at 10:30pm utilizing the regular door for service and patrons.
Chairman, EJ Siwek also read the letter from Warren County Fire Prevention & Building Code Enforcement addressed to Sheri Delarm dated April 22, 2009. In the letter Karen Putney, Code Administrator states that a drawing must be submitted showing means of egress off of the back patio, town approval for its use, for the approval from the Fire Prevention & Building Code Enforcement department. It was also stated that the allowable capacity would be 21 persons if approved. Finally it was asked that Sheri submit an engineered drawing indicating structural stability of the patio as it is built.
The follow motions were made in regards to the back patio:
1) EJ Siwek made a motion that the Town of Hague work with the Ginns to obtain the proper paperwork to move forward with a building permit. Richard Frasier 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson and John Brown
Nays: none
Recluse: Bruce Clark
Motion passes: 6-0-1
2) EJ Siwek made a motion to move forward with approval with the set conditions, for food and beverage service on the back patio.
The conditions are as follows:
1) Provide egress from patio and submit a fire safety plan.
2) Continue to close doors and monitor noise.
3) Maximum seating capacity of 21 people or the final figure set forth by the county.
Pam Peterson 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson and John Brown
Nays: none
Recluse: Bruce Clark
Motion passes: 6-0-1
Ginn/DeLarm continues:
The following motion was made in regards to the front service area:
Martin Fitzgerald made the motion to move forward with permission to have tables to serve food and alcoholic beverages in the front of the restaurant.
The conditions are as follows:
1) Seating plans be submitted to the Board.
2) A temporary barrier is installed around service area.
3) Fire safety be integrated into the front service area for egress to and from the restaurants front entrance.
4) Noise control continued to be monitored.
Richard Frasier 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson and John Brown
Nays: none
Recluse: Bruce Clark
Motion passes: 6-0-1
NEW BUSINESS:
ZEO, Cathy Clark read the following:
LEVENSTIEN ( 43.5-2-12) 9842 Graphite Mountain Rd. (Hamlet)
The applicants are requesting a half bath in a garage/office. The office space will be an extension of the owners art gallery business. The property is connected to Sewer Dist. #1.
Zoning issues: 160-10 Accessory structure and Accessory uses. 160-17 D. Use regulations applicable to all districts.
Bruce Clark made a motion to deem the application complete as presented. John Brown 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
Richard Frasier made a motion that no site review was needed. Bruce Clark 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
LEVENSTIEN continues:
Bruce Clark made a motion to approve the application, it is allowable within the uses of the town and based upon the interpretation of the town’s attorney, the installation of the ½ bath in a professional office is allowable and it is concurrent with the master plan.
Martin Fitzgerald 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
ZEO, Cathy Clark read the following:
LTP HOLDINGS, LLC – UPTOWN STORE (43.5-1-5) 9819 Graphite Mt. Rd. (Hamlet)
The applicant is requesting a modification to the approved Use of her property. The Jan. 8, 2004 Planning Board approval was for a bakery. The owner is now requesting the additional use to include a restaurant with wine service.
Zoning issue: 160-20 C (1) (h) Type I site plan review.
John Brown made the motion to deem to application complete. Mike Cherubini 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
Planning Board questions regarding the application:
What is the seating capacity?
Is there any handicap parking?
A site visit was scheduled for Wednesday, May 13, 2009 at 8:00am.
SUBDIVISIONS:
ZEO, Cathy Clark read the following:
VAN HEEST/HINKAMP (76.12-1-1 & 76.12-1-28) 28 & 32 Hermitage Rd. (OC-1R)
The applicants are requesting an exchange of lands to make existing cottages on the properties conforming to the Codes of Hague. If approved, both lots will contain the exact same acreage as before approval.
Zoning issues 150-27, 28, & 30 Lot line changes
ZEO stated that the lot line change, if approved, will make a non-conforming house conforming, due o the fact that the deck of one of the houses currently crosses over the center property line.
Martin Fitzgerald made the motion to deem the application complete. Richard Frasier 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
Richard Frasier made a motion that there was no reason to schedule a public hearing. John Brown 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
John Brown made a motion that no site review was required. Richard Frasier 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
Richard Frasier made a motion to approve lot line because no wet lands are involved. Martin Fitzgerald 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
ZEO, Cathy Clark read the following:
SHAW (12-1-7 & 12-1-12) 120 Trout Brook Rd.
The applicant is requesting sketch plan approval for a minor subdivision of lands.
The Planning Board gave sketch plan approval for the same subdivision of lands on Nov. 2, 2006 with the following conditions: “That the 3 acres divided off will be added to the smaller, 2.33 acre parcel, conformation of deeded access or ROW over State land for both lot be submitted, and Lots cannot be further subdivided.” Deeded ROW has been submitted, for review.
Zoning issue: 150-6 Sketch plan review
SHAW continues:
Martin Fitzgerald made a motion to deem the application complete. John Brown 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
A site visit was scheduled for Wednesday, May 13, 2009 at 9:30am.
REFERRALS TO THE ZONING BOARD OF APPEALS:
ZEO, Cathy Clark read the following:
NAVITSKY (93.19-1-10) 7763 LAKESHORE DRIVE (RC)
The applicants are requesting a variance of road front setback to erect a 4 foot high split rail fence. If approved, the fence will sit 5 feet from the front property line. The need for the variance is to provide a safe area for the owner’s daughter to play.
Zoning Issues 160-52 A (5) Fences over 3’ in height within 20’ of the road side property line.
Bruce Clark made a motion that the Planning Board has no issues with this application and to send the application on to the Zoning Board. Pam Peterson 2nd the motion.
Roll vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0
OLD BUSINESS:
ZEO, Cathy Clark read the following:
ICKE (26.14-1-16) 39 Waltonian Rd (TR-1R)
The applicant would like to construct a 8’ x 43’ x 12’ 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.
The ZEO stated that the applicant has revised her application to meet the requirement noted at the Planning Board site visit. No Portion of the pergola will be closer than 50’ from the mean high waters of the lake.
Bruce Clark made a motion to approve based on the authority of the Planning Board. Richard Frasier 2nd the motion.
Roll Call vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
ICKE continues:
Nays: none
Motion passes: 7-0
Bruce Clark stated a fact finding, that a site visit was held and found no detrimental observation was observed, other than placement of the structure.
Roll Call vote:
Ayes: EJ Siwek, Michael Cherubini, Richard Frasier, Martin Fitzgerald, Pam Peterson, Bruce Clark and John Brown
Nays: none
Motion passes: 7-0