Present:
Bill Pittman
Bruce Clark
Nelson Waters
George Ianson
Mary Lou Doulin
Graham Bailey, Zoning Enforcement Officer
Mary Jo Keeler, Recording Secretary
Absent:
Ch. Robert Goetsch
Tina King
B. Clark, Acting Chairman, opened the Public Hearing at 7:05 pm.
1. TURNAMIAN (26.18-1-16) Var 01-04
Lakeshore Dr.
REQUEST FOR AREA VARIANCE
B. Clark read the request for variance.
No one in the audience spoke for or against the project.
ZEO Bailey informed the board that Mr. Turnamian canvassed his neighbors and indicated in his justification for a variance that there was no objection and the neighbors were supportive.
B. Clark read a recommendation to approve the proposed plan from the Planning Board subject to the following conditions:
- the septic system must be promptly upgraded to the satisfaction of the Zoning Enforcement Officer to accommodate 3 or more bedrooms;
- the proposed new steps on the southeast corner of the house be eliminated since it increases the intrusion of the building towards the lake and the Planning Board believes that the existing entrance is a reasonable alternative;
- the staircase addition on the west of the building be cut back so that the new addition will be no closer to the road than the existing adjacent structure; and
- the renovation of the outside of the house to give it a more Adirondack look be done as presented to the Planning Board.
This motion was approved with a 6-0 vote.
ZEO Bailey mentioned that the code provides for 30% coverage on the total lot. The actual coverage on the total lot is approximately 7.9% because there is a portion of the lot across the road. The proposed project does increase the living space by approximately 86%.
Mr. Bailey also said the septic tank is currently under the house. The Turnamians would hire an engineering company to design a new system to accommodate 3 bedrooms and office.
Chris Navitsky spoke from the audience to mention that there are engineered systems that would provide treatment options without using a large amount of land. He also expressed the opinion that a new septic system would be a great improvement over the current system.
G. Ianson mentioned that septic systems do not come under the supervision of the ZBA but rather the Board of Health.
The ZEO spoke with the Turnamians and they will follow the conditions placed by the Planning Board.
G. Ianson made a motion to close the Public Hearing; W. Pittman seconded. All members voted aye.
B. Clark opened the Regular Meeting at 7:25 pm and introduced the Board members.
APPROVAL OF MINUTES
N. Waters made a motion to accept the minutes of the February 22 meeting as written; B. Clark seconded. All members voted aye. The February minutes were accepted with a vote of 5-0.
NEW BUSINESS
1. BOSI (63-1-13) Dev 10-04 Var 03
7955 Lakeshore Dr.
Applicant wishes to add an addition to an existing house. The structure is located on a lawful nonconforming lot. A variance is required because the proposed addition will result in greater than 25% increase in square footage.
It was determined that there is no issue with setbacks, percentage of lot coverage, or height of building.
N. Waters made a motion to schedule a public hearing next month; seconded by G. Ianson. All members voted in favor. The motion was passed with a 5-0 vote.
2. SIMUNEK (12.18-1-29.2) Dev 02-04 Sub 01-04
Lakeshore Dr. (OC-1)
SUBDIVISION/LOT LINE CHANGE
Applicant wishes to sell a portion of this parcel to the adjoining property owner. This portion will be merged with the adjacent lot. Although no additional principal building will be built, the remaining portion of this parcel will be smaller than required by Hague Zoning Code.
Concern was voiced that creating a non-conforming lot creates problems for future use.
The Board decided the application is complete.
N. Waters made a motion to schedule a public hearing; G. Ianson seconded. All members voted in favor. The motion was passed with a 5-0 vote.
OLD BUSINESSS
1. TURNAMIAN (26.18-1-16) Var 01-04
Lakeshore Dr.
REQUEST FOR AREA VARIANCE
Applicant wishes to add a partial second floor onto an existing house. A variance will be needed because the proposed addition will be above a portion of the existing house located within the required setback dimensions. Increase will result in 86% increase in floor space. Combined ZBA/PB site visits were conducted on 2/28/04 and 3/12/04.
Concern was voiced over the 86% increase of house, the fact that the house is approximately 10’ from the lake at the closest point, and there would be a greater obstruction of the view of the lake.
ZEO Bailey received a recommendation from the Warren Co. Planning Board to deny without prejudice due to lack of information but the ZBA has authority to approve with a majority plus one vote. Mr. Bailey suggested taking the Planning Board’s recommendations and modifying the wording so that any steps cannot be any closer to the lake than the existing line of the house.
W. Pittman made the a motion to accept the application as recommended by the Planning Board based on the following justification:
1) The request will not create an undesirable change in the neighborhood character or be a detriment to nearby property but will enhance it by replacing the outside of the house with an Adirondack style and upgrading the septic system; the house does not block anyone’s view and is not encroaching on neighbors’ property.
2) The benefit cannot be achieved by some other feasible method.
3) This request is substantial with an 86% increase in living space.
4) This request will have a positive effect in the district with the new septic system.
5) This request is a self-created difficulty.
N. Waters seconded the motion.
M.L. Doulin voiced concerns with the amount of permeable surfaces and the runoff going directly to the lake. She requested some kind of buffer or dry well to help capture runoff.
Roll Call vote:
N. Waters: yes
M.L. Doulin: no – for the reasons stated above regarding runoff
G. Ianson: yes
W. Pittman: yes
B. Clark: no – an 86% increase is quite substantial and it does obstruct more of the view of the lake
This motion did not pass because the vote did not reflect a majority plus one vote.
ZEO Bailey suggested incorporating a condition that requires the Turnamians installing gutters and running them into a drywell to help with the runoff.
M.L. Doulin made a motion to approve the request with the conditions already stated, plus with the Planning Board’s recommendations, and with the addition of gutters that will release into a drywell that would limit the amount of pollutants entering into the lake; G. Ianson seconded.
Roll Call vote:
N. Waters: yes
M.L. Doulin: yes
G. Ianson: yes
W. Pittman: yes
B. Clark: yes
The motion passed with a 5-0 vote.
2. REINGOLD (42-1-2) Var 06-02
15 Abenakis Dr. (East of Rt. 9N)
REQUEST TO VACATE STOP WORK ORDER
Applicant’s attorney requested that matter be tabled for 60 days and requests Board confirmation.
B. Clark made a motion to agree to let the applicant’s attorney extend the stop work order for 60 days and that their delay does not affect the amount of time the ZBA will have to act on the issue once the matter is reopened; M.L. Doulin seconded. All members voted aye. The motion passed with a 5-0 vote.
OTHER BUSINESS
1. Approval of revised Zoning Board of Appeals Application Forms and Processes
W. Pittman made a motion to approve the revised application forms and processes; N. Waters seconded. All members voted aye. The motion passed 5-0.
2. Updating ZBA Contact List
B. Clark circulated a ZBA contact list with electronic and telephone information. He requested all members add their information on it.
3. G. Bailey distributed information from Dominick Viscardi.
4. B. Clark mentioned it would be a good idea to meet with the Planning Board on Site Reviews.
ADJOURNMENT
N. Waters made a motion to adjourn the meeting; B. Clark seconded. All members voted aye. The meeting was adjourned at 8:30 pm.
Respectfully submitted,
Mary Jo Keeler
Recording Secretary