TOWN OF HAGUE

ZONING BOARD OF APPEALS

TOWN HALL

HAGUE, NEW YORK  12836

518/543-6161

 

Minutes

FEBRUARY 29, 2004

7:00 PM

 

Present

Ch. Robert Goetsch

William Pittman

Nelson Waters

Bruce Clark

George Ianson

Tina King

Deborah F. Manning, Town Clerk

Graham Bailey, Z.E.O.

 

Absent

Mary Lou Doulin

 

Chairman Robert Goetsch called the meeting to order at 7:05 pm and introduced the Board Members, Z.E.O. Graham Bailey and Town Clerk Debbie Manning.

 

B. Clark made a motion to accept the minutes of October 30, 2003 as presented; seconded by T. King.  The members voted aye.  The minutes of October 30, 2003 were accepted with a vote 6-0.

 

B. Clark made a motion to accept the minutes of November 6, 2003 as presented; seconded by G. Ianson.  The members voted aye.  The minutes of November 6, 2003 were accepted with a vote 6-0.

 

T. King recused herself from the public hearing on the advice of the attorney and left the meeting.

 

 

PUBLIC HEARING 

 

TURNAMIAN: (26.18-1-16) VAR 01-04

Lakeshore Drive

Preliminary Hearing

           

Mr. & Mrs. Turnamian wish to add a partial second floor onto an existing house.  A variance is needed because the proposed addition will be above a portion of the existing house located within the required setback dimensions.

 

W. Pittman made a motion to accept Mr. & Mrs. Turnamian’s application (26.18-1-16); seconded by  B. Clark. The members voted aye.  The application was accepted with a vote 6-0. 

 

G. Ianson made a motion to hold a Public Hearing at the Hague Community Center, March 25, 2004 at 7:00 pm on Turnamian (26.18-1-16); seconded by William Pittman.  The members voted aye (6-0). 

 

REINGOLD (42-1-2) VAR 06-02

15 Abenakis Dr (East of Rte. 9N)


Chairman Goetsch introduced Mr. McNally, Attorney for the Town of Hague, and Stan L. Pritzker, Attorney for Daniel & Abigail Reingold.

 

Attorney Pritzker provided the following exhibits to the Board.  The Reynolds are seeking appeal from a stop work order issued 1/17/2003 and amended on 8/19/03:

 

-                      Town of Hague, Planning Board minutes 6/6/02

-                      Hague Chronicle, June 2002

-                      Town of Hague application for Land Use Development Zoning Compliance Certificate 7/18/02

-                      Building permit issued to Lee H. Peters 7/18/02

-                      Zoning Compliance Certificate 7/18/02

-                      Revised application for Land Use Development Zoning Compliance Certificate 10/11/2002

-                      Letter from W. Bothe, ZEO to contractor L. Peters 10/09/02

-                      Letter from T. Costello, ZEO to Reynolds placing stop work order 01/15/03

-                      Letter from T. Costello, ZEO to Reynolds contractor, allowing him to complete roofing and siding to protect work in progress from the elements.

-                      Letter dated 2/14/2003 from the Reingolds to T. Costello, ZEO requesting adjournment of the site visit planned by the Hague Planning Board on 2/22/2003.

-                      Letter dated 4/30/2003 from the Reingolds to T. Costello, ZEO requesting the stop work order be lifted.

-                      Letter dated 6/9/2003 from the Reingold’s to T. Costello stating that their intended use of the accessory outbuilding is to be used as a workshop, storage facility and for general accessory use.

-                      Letter dated 3/17/03 from Reingolds to T. Costello, ZEO requesting copies of all Planning Board minutes relating to (42-1-2).

-                      Fax dated 6/10/03 from T. Costello, ZEO to Reingolds Site Visit Report of 5/19/03    

-                      Hague Chronicle, dated 2/2003 & meeting of the Hague Planning Board 2/6/03.

-                      Memorandum dated 1/15/03 from David Swanson, Planning Board Chairman to the Hague Town Board.

-                      Letter dated 4/11/03 from T. Costello, ZEO to Mr. & Mrs. Schnabel.

-                      Letter dated 7/24/03 from Reingold’s to T. Costello, ZEO in response to the site visit report of 5/19/03.

-                      Letter dated 8/19/03 from Attorney McNally to the Reingolds.

-                      Letters dated 2/26/2004 from Lee Peters, contractor.

-                      Photos of other structures in the Town of Hague which are similar to the Reingolds.

 

 

Mr. McNally, Attorney for the Town of Hague provided exhibits A-O.  He briefed the Zoning Board of Appeals on the overview of the Town’s position.  The Reingolds appeal was not timely,  and should be dismissed and the stop work order was properly issued by T. Costello, ZEO.

 

-                      The building was built in violation of the approval of the Town of Hague Planning Board in many ways.

-                      The Reingolds failed to apply to the ZBA of the Town of Hague for necessary are/use variances for a second primary residence on a single family lot

-                      The Reingolds failed to apply to the ZBA for area/use variances for the installation of a sink, toilet and the associated plumbing and construction of living accommodations in an accessory structure.

 

N. Waters moved that the Public Hearing remain open until 3/25/2004.  The Zoning Board members will review material and make a decision; G. Ianson seconded. Motion accepted with a 6-0 vote.

 

The Attorneys will file reply papers within 20 days.

 

Graham Bailey, ZEO has organized a Zoning Workshop for contractors, engineers and residents to review the new zoning and permit process.  The workshop is scheduled for March 31, 2004 from 9 am to 3 pm at the Hague Community Center.  He distributed copies of revised variance forms for ZBA comments and approval.  He hopes to begin using these forms by April 1, 2004.

 

John Caffrey, Attorney for Mr.& Mrs. Schnabel, reaffirmed Mr. McNally's statements.

 

Mr. Engler, Mr. Schnabel and Mrs. Schnabel spoke against the Reingold project.

 

N. Waters made a motion to adjourn meeting; B. Clark seconded.  All members voted aye.  The meeting was adjourned at 8:50 pm.

 

Respectfully submitted,

 

 

Deborah F. Manning

Town Clerk