PLANNING BOARD
MINUTES
JULY 9, 2009
TIME: 7:00 PM
INTRODUCTION OF BOARD MEMBERS:
Chairman Siwek called for the introduction of the Board: Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek, Bruce Clark, ZEO, Cathy Clark and recording secretary Kim Coffin
Absent: John Brown and Martin Fitzgerald Sr.
PUBLIC HEARINGS:
At 7:00pm Chairman, EJ Siwek called the public hearing to order.
ZEO, Cathy Clark read the following:
1. LAPOINTE (24-1-43) 9042 Graphite Mountain Rd (TR-3)
The applicant is applying for a three lot subdivision of a 40.47 acre parcel. If approved ,the lots will consist of a 2.25 acre (with house, barn and a garage apartment), a 1.32 acre parcel and a 36.90 acre parcel. On July 10, 2008 the Planning Board gave sketch plan approval for a similar two lot subdivision.
Property owner Judy LaPointe was in attendance.
No one spoke against the LaPointe application.
At 7:05 pm Bruce Clark made a motion to close the LaPointe public hearing. Richard Frasier 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
E J Siwek opened the Shaw hearing at 7:05 pm.
ZEO, Cathy Clark read the following:
2. SHAW (12-1-7 & 12-1-1.2) Trout Brook Road (OC1)
The applicant is requesting final approval for a minor two lot subdivision of lands.
Property owner Fred Shaw was in attendance.
SHAW continues:
No one spoke against the Shaw application.
At 7:10 pm Richard Frasier made a motion to close the Shaw public hearing. Mike Cherubini 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
CALL MEETING TO ORDER:
At 7:10pm Chairman, EJ Siwek called the meeting to order.
APPROVAL OF MINUTES: MEETING OF: JUNE 4, 2009
Pam Peterson made a motion to table the approval of the minutes for the June 4, 2009 meeting to clarify statements made regarding the Fire House Restaurant. Bruce Clark 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
SUBDIVISIONS:
ZEO, Cathy Clark read the following:
1. LAPOINTE (24-1-43) 9042 Graphite Mountain Rd (TR-3)
The applicant is applying for a three lot subdivision of a 40.47 acre parcel. If approved the lots will consist of a 2.25 acre (with house, barn and a garage apartment), a 1.32 acre parcel and a 36.90 acre parcel. On July 10, 2008 the Planning Board gave sketch plan approval for a similar two lot subdivision.
Zoning issue: 150-6 Review of minor subdivision A-F.
A survey has been completed and was reviewed by the Planning Board. The survey does not include the 36.9 acre parcel.
Bruce Clark read the completed the SEQR impact assessment and declared a negative declaration.
Mike Cherubini made a motion to approve the SEQR as submitted. Richard Frasier 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
LAPOINTE Continues:
Richard Frasier made a motion to approve the application as written with the condition that future sub-division of any lot on this plat equaling a total of 5 or more lots, excepting those lots pre-existing prior to the enactment of the Adirondack Park Act (May 22, 1973), will cause the plat to be deemed a major sub-division as warranted by the Planning Board.
Pam Peterson 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
ZEO, Cathy Clark read the following:
2. SHAW (12-1-7 & 12-1-1.2) Trout Brook Road (OC1)
The applicant is requesting final approval for a minor two lot subdivision of lands.
If approved an 8.71 acre lot (12-1-7) will become a 5.71 acre lot and the 2.72 acre lot
(12-1-1.2) will become a 5.33 acre lot. A deeded right-a-way across lot 12-1-1.2 will provide access to lot 12-1-7. A deeded right-a-way over state land has been confirmed.
On May 13, 2009 the Planning Board gave sketch plan approval for this subdivision.
Zoning issue: 150-6 Review of minor subdivision plats. A-F.
Bruce Clark read the completed the SEQR impact assessment and declared a negative declaration.
Mike Cherubini made a motion to approve the SEQR as submitted. Richard Frasier 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
Bruce Clark made the motion to approve the application with the condition that
future sub-division of any lot on this plat equaling a total of 5 or more lots, excepting those lots pre-existing prior to the enactment of the Adirondack Park Act (May 22, 1973), will cause the plat to be deemed a major sub-division as warranted by the Planning Board
Also adequate storm water retention must be added to the plans.
Pam Peterson 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
ZEO, Cathy Clark read the following:
3. CLARK (43.5-2-19) 9051 Lake shore Drive (Hamlet)
The applicant is requesting Sketch plan review of a three lot subdivision of a 2.57 acre parcel.
Zoning issue: 150-4 Review of sketch plan.
Clark Continues:
ZEO, Cathy Clark stated that this was a new sub-division application and only includes the Ms. Clark’s rear parcel.
The Planning Board reviewed the submitted sketch plan. Bruce Clark stated that the following statement needed to be included on the plans:
“Future sub-division of any lot on this plat equaling a total of 5 or more lots, excepting those lots pre-existing prior to the enactment of the Adirondack Park Act (May 22, 1973), will cause the plat to be deemed a major sub-division as warranted by the Planning Board.”
Bruce Clark made the motion to deem the application complete. Richard Frasier 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
Mike Cherubini abstained from the vote because he was not a Planning Board member for the site review performed by the Planning Board earlier this year.
Richard Frasier made the motion to approve the plans as complete with the condition that the information submitted is correct. Pam Peterson 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Abstained: Mike Cherubini
Motion passed-4-0-1
REFERRALS TO THE ZONING BOARD OF APPEALS:
ZEO, Cathy Clark read the following:
1. CORBO (26.6-1-8) 36 Forest Bay Rd. (TR-1R)
The applicant is applying for a variance to construct a 5’ x 32’ walkway/deck to the lake side of an existing cabin which currently sits 49’ form the lake.
Zoning issues: 160-50 B (b) Shoreline setback
A site visit was scheduled for Wednesday, July 15, 2009 at 8am.
OLD BUSINESS:
None
NEW BUSINESS:
ZEO, Cathy Clark read the following:
1. CORBO (26.6-1-8) 36 Forest Bay Rd. (TR-1R)
The applicant would like to construct a 14’ x 22’ screened in picnic shelter, with a fireplace, over an existing flagstone patio. If approved it would sit 53’ from the MHW of Lake George.
Zoning issues: 160-B (b) new construction within 100’ of the shoreline of a lake.
Pam Peterson made the motion to deem the application for the construction of a picnic shelter complete provided all the information submitted is correct. Mike Cherubini 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
ZEO, Cathy Clark read the following;
2. BUCKNER (26.10-1-22) 14 Spring Lane (TR1 R)
The applicant would like to install a half bath to the garage second story office. The office will be used for professional purposes and will not be used for living accommodations. The property is located within sewer district #2.
Zoning issues 160-10 A. Accessory Structures & Uses
ZEO stated that this a new structure and it meets all mandated setbacks and will also be within sewer district #2.
The planning board reviewed the submitted application and plans.
Bruce Clark made the motion to deem the application complete provided all information is correct. Pam Peterson 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
Richard Frasier made a motion to approve the application for a ½ bath in an accessory structure with the following conditions:
Condition #1- Must be connected to sewer district #2
Condition #2-No shower/tub can be installed, the garage 2nd story will be used for professional purposes only and will not be used for living accommodations or inhabitance.
Pam Peterson 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
ZEO, Cathy Clark read the following:
3. TOWN OF HAGUE (43.5-1-25) 9073 LAKESHORE Dr. (Hamlet)
The American Legion building. The Town would like to replace the current 741 sq. ft. structure with a new 402 sq. ft. structure.
Zoning issue:160-62 Replacement of a nonconforming structure A.
The Planning Board reviewed the submitted application and plans. There were concerns regarding removal of trees.
Pam Peterson made a motion to deem the application complete provided all information is correct. EJ Siwek 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
Richard Frasier made a motion to table the application until next months meeting when the Planner can attend. Bruce Clark 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0
Chairman, EJ Siwek recused himself. Richard Frasier took the chair.
ZEO, Cathy Clark read the following:
SIWEK (60.5-1-10) 15 Pine Cove Road (TR1)
The applicant would like to install a half bath to the garage second story office. The office will be used for professional purposes and will not be used for living accommodations. The property is located within sewer district #2.
Zoning issues 160-10 A. Accessory Structures & Uses
EJ Siwek introduced himself to the board and stated that due to the state of the economy he is changing the scope of his business to work from home more frequently then normal and needs to have a larger space then what is currently working in.
The Planning Board reviewed the submitted application and plans.
Mike Cherubini made a motion to deem the application complete provided that all information provided is correct. Pam Peterson 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier and Bruce Clark.
Nays-None
Recused-EJ Siwek
Motion passed-4-0-1
SIWEK continues:
Richard Frasier made a motion to approve the application for a ½ bath in an accessory structure with the following conditions:
Condition #1- Must be connected to sewer district #2
Condition #2-No shower/tub can be installed, the garage 2nd story will be used for professional purposes only and will not be used for living accommodations or inhabitance.
Bruce Clark 2nd the motion.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier and Bruce Clark.
Nays-None
Recused-EJ Siwek
Motion passed-4-0-1
OTHER BUSINESS:
The Planning Board have received the Fire Safety Certificate of Occupancy from the Warren Co. Fire Prevention & Building Code Enforcement regarding the Fire House Restaurant. The Occupant Load is 60 for the interior and 21 for the rear deck. A special condition was stated as follows: “Must contact the Department of Health regarding occupant load DOH occupant load is calculated to 72.
The Planning Board also reviewed a letter from Mark Schachner, ESQ. from Miller, Mannix, Schachner & Hafner, LLC., regarding ethical decision making. The Planning Board then asked that Chairman, EJ Siwek draft a letter to appropriate town personnel regarding ethic and ex-parte practices.
Roll call vote: Ayes-Pam Peterson, Michael Cherubini, Richard Frasier, EJ Siwek and Bruce Clark.
Nays-None
Motion passed-5-0