PLANNING BOARD
TOWN HALL
HAGUE, NEW YORK 12836
TELEPHONE 518 543-6161
JUNE 2, 2011
TIME: 7:00 PM
Chairman EJ Siwek and Board Members Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson were present. Richard Frasier was absent.
PUBLIC HEARING: WILSON/FLOOR (25.1-1-17 & 18) Summit Drive & Route 8 (OCI)
Siwek reopened the public hearing on the Wilson/Floor subdivision at 7 pm. This month was the third month keeping it open. There were no comments from the floor. Bruce Clark made, and Pam Peterson seconded, a motion to continue the public hearing to next month.
Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
REGULAR MEETING: Chairman Siwek called the regular meeting to order at 7:02 pm.
APPROVAL OF MINUTES: The word “lengthy” was corrected on page 2 (second paragraph under Wilson). Bruce Clark made, and Mike Cherubini seconded, a motion to approve the minutes of the meeting of May 5, 2011 as corrected.
Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
SUBDIVISIONS:
1. WILSON (25.1-1-17 & 18) Summit Drive & Route 8 (OCI)
The applicant is applying for a Major Subdivision of two parcels equaling 148.8 acres. If approved 10 new residential lots will be created. Lot lines have been reestablished so that no lot line crosses into or through a wetland and will maintain a 200 ft setback from the wetland. The project is a Class B regional project. Subdivision issues: Subdivision of Lands Chapter 150. Major Subdivision
ZEO Clark read the information above for Wilson.
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Bruce Clark stated that he felt they should address Dominick’s concerns. He noted that he and Mr. Cherubini were not in favor of inserting the condition and the opinion of our counsel says it should not have been put in there and that the condition attached to the Wilson subdivision should be removed. [The condition stated that “… the Planning Board will require a Site Plan review if there are any substantial modifications to the current plans regarding septic placement, storm water design, percentage of clearing or location of driveway.”]
Chairman Siwek said, “Well, that is assuming it is accurate that the LGPC will be called in order to review the application should there be substantial changes.”
ZEO Clark said, “Yes, all house plans must be submitted to them for review if it meets the conditions for the storm water and exactly the way it is it will fall back to this permit being issued if any modifications [will be ] new development of a residential vacant lot and require a totally new stormwater plan. On the zoning end the safeguards will be put in place that if one lot in the middle, especially in the smaller lots, which are still a considerable size, would interfere in their placements of the septic or wells would interfere with the neighboring property from using the original one, the zoning administrator would then say no. You have to move it so it doesn’t interrupt with the setbacks for this stormwater device or the septic devices or the well devices of the neighboring properties.”
At this point, ZEO Clark interjected that she had passed out guidelines for the steps needed during the meeting. Motions should be in the form of resolutions and include findings of fact supporting the motion. Conditions placed on approval are always supported by findings of fact. Findings of fact are supporting information that tells the reasoning of the Board. It should be based on something in the Code book – not just opinion.
In regard to the condition put on the approval last month, Clark said, “Substantial modifications could mean many different things to many different people. You really have to clearly define what criteria that condition has.”
Pam Peterson voiced concern that the Board was the Lead Agency in this situation – everything has come through our Zoning Office - but if there are changes it doesn’t come back to us whereas it goes to the Park Commission.
ZEO Clark said that for stormwater, the Town has given them the authority since stormwater measures aren’t in our code.
Mike Cherubini said that what would happen if the condition is not in there is that it would refer back to zoning laws already on the books so there is no need to rewrite it.
Siwek said, “I am very willing to withdraw my motion as it stands at this point in time. I just want to make sure that there is adequate safeguards set up pending potential budget cut backs at the state level, etc, etc, etc, As long as there is a rollover should something happen down the
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road and there is a reviewing body. So I would be willing to rescind my motion as proposed in
the May 5, 2011 meeting in regarding to the definition of substantial modifications in those areas for the Wilson subdivision under the understanding that the Lake George Park Commission and the Town of Hague will have a reviewing authority.”
John Brown seconded. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
REFERRAL TO THE ZONING BOARD OF APPEALS:
1. STANFORD (43.13-1-29) 7 Bayberry Lane (TR-1)
ZEO Clark read: “The applicant has placed a 6’ x 8’ shed on his property 2’ from the side line and 11’ from the front line. He is seeking an after-the-fact Variance approval for it. Zoning issue 160-23 TR-1, front and side line setbacks.”
The Board did a site visit. The homeowner had been informed that it did not meet the setbacks by the ZEO. The homeowner stated he then heard from another party that it would be permissible if the shed was portable and had one made in that manner. Bruce Clark stated he felt the Board needed to be consistent and recommend disapproval for what appears to be a willful violation. ZEO Clark noted that it could be placed in other areas of the property and meet setbacks but would be more obstructive for neighbor’s view.
Bruce Clark moved, and Pam Peterson seconded, a motion to recommend to the Zoning Board that they deny the application based on it being after the fact with knowledge that it was after the fact. Aye: Bruce Clark, Pam Peterson. Nay: Mike Cherubini, Martin Fitzgerald, John Brown, EJ Siwek. Motion failed 4 – 2.
EJ Siwek moved and John Brown seconded a motion to recommend to the Zoning Board that the application be approved. Reasonableness had to be considered in light of the need to solve a problem of storage and that it was placed in the least obtrusive way. John Brown noted that if it would have been acceptable before the fact, it should still be considered acceptable. Aye: Mike Cherubini, Martin Fitzgerald, John Brown, EJ Siwek. Nay: Bruce Clark, Pam Peterson. Motion passed 4 – 2.
2. LARTER (93.8-1-23) 24 Delaware Ave. (TR-1R)
ZEO Clark read: “The Applicants are requesting an area Variance from the shoreline setback to add 19 sq. ft to an existing porch. The setback from the lake to the structure will remain 29’ 6”, if approved. The structure was built at the turn of the century. A Site plan application has also
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been submitted for an 86 sq. ft. addition to the north side of the same porch. Zoning issues: 160-50 B (b) Shorelines”
ZEO Clark reported that Chris Navitsky asked about the balcony. She said, “On shorelines we do measure to the overhangs so I gather he could possible eke out a few more inches if we measured the shoreline from the balcony because it is more of an overhang. Sidelines and frontlines of yards are measured to the building footprint but the shoreline is the closest point.
After much discussion on the application as a whole, each part was considered separately.
Mike Cherubini made and EJ Siwek seconded a motion to recommend to the Zoning Board that an area variance for the 19 sq ft be approved. Pam Peterson stated that the addition to the porch is reasonable in size and placements. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
EJ Siwek made and Bruce Clark seconded a motion to approve the Site Plan on the condition that it was not to become living space unless they returned to the Planning Board for their approval. Bruce Clark added that since the addition of 86 sq ft to the north side of the porch was minor, they would waive any public hearing. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
3. BEATY (26.18-1-1.2) 9250 Lakeshore Drive (TR-1)
ZEO Clark read: The applicants are intending to replace a seasonal home with new construction. An area Variance will be required to add 80 sq. ft to the existing footprint, within 50 ft. of the shoreline. They would also like to relocate the lakeside covered porch. Although the porch area will be 16 sq. ft smaller, the owners would like to shift its location 3 ft. to the south. A 150 Sq. Ft. (3’ high) retaining wall within 50 ft. of the MHW is also proposed to add an absorption area for stormwater controls. A total of 25% increase in square footage is proposed (this meets a condition which was placed on this parcel in an October 4, 2001 Subdivision approval.) Site Plan approval will also be needed for new construction within 100 ft. of the lake.
Zoning issues: 160-50 B (b) Shorelines & 160-23 C (g) TR-1 Type I Site Plan Review”
This application was also considered in its parts. Bruce Clark made and Mike Cherubini seconded a motion to recommend approval to the ZBA for the area variance including the replacement of the house and porch as indicated on the proposed prints. Bruce Clark noted that the plan was reasonable and environmentally friendly. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
The next discussion centered around the retaining wall. Pam Peterson questioned how this type of retaining wall will actually work since it slopes toward the Lake and why it needs to go as far as proposed. She noted that grass is not that absorbent and shrubs could be used. Mr. Beaty
Beaty continues:
noted that the primary benefit is to get the land where it is more level. ZEO Clark noted that the wall should be constructed with crushed rock and filter cloth behind it for drainage. The stormwater will be contained better by grass that the rocks there now. The application has been referred to the LGPC, the WC Planning Board and the APA for their comments.
Mike Cherubini made and John Brown seconded a motion to recommend to the ZBA that they approve the wall with the condition it is designed by an engineer with the intention of maximizing stormwater control and the walls stability. It was further recommended that they investigate native vegetation for maximum absorption. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
The final part of the application was for Type 1 Site plan approval for new construction within 100 ft of lake. Bruce Clark made and Martin Fitzgerald seconded a motion to accept the application as complete as long as all information shown is correct. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
Bruce Clark then made and John Brown seconded a motion to waive a public hearing since they have done a responsible job in planning and they felt there would not be significant interest in a public hearing. Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
Mike Cherubini made and John Brown seconded a motion to approve the Site plan as long as it was built as presented and distances remain the same including approval for the additional square footage as shown in documents. [Rain garden removed in Revision 1 on sheet 2 of 8].
Ayes: EJ Siwek, Mike Cherubini, Martin Fitzgerald, Bruce Clark, John Brown and Pam Peterson. Nays: none. Motion passed 6-0.
OLD BUSINESS: None
NEW BUSINESS: None
1. LTP HOLDING, LLC –UPTOWN STORE (43.5-1-5) 9819 Graphite Mt. Rd.