Present:
Bill Pittman
Bruce Clark
Nelson Waters
George Ianson
Mary Lou Doulin
Tina King
Ch. Robert Goetsch (7:45 pm)
Graham Bailey, Zoning Enforcement Officer
Mary Jo Keeler, Recording Secretary
B. Clark, Acting Chairman, opened the Public Hearing at 7 pm.
1. SIMUNEK (12.18-1-29.2) Dev 02-04 Sub 01-04
Lakeshore Dr.
OC-1
Subdivision/Lot Line Change
ZEO Bailey read the request for variance. He explained that the hearing was postponed from March 24 to today. Mr. Bailey provided information including the application and historical information to the Board members including a letter from the Lake George Waterkeeper explaining that greater development and density could be a possibility in the future. A draft of the Planning Board minutes, recommending no approval of this request, was distributed. The notes from a joint visit of the Planning and Zoning Boards to the site were also distributed.
Jackie Ambra addressed the Board. She had originally sold the property to the Simuneks and Whishers. Her understanding that the property on the west side of Rt. 9N was intended as backup for the septic system for the Simuneks in addition to providing ample acreage as required by the APA and the Town.
John Silvestri, representing the Simuneks, addressed the Board. He pointed out that both parcels of land on either side of the road presently are nonconforming. The piece on the west side (next to the hotel) is located in OC-1. It is 1.53 acre. The Simuneks house, on the east side of the road, is on .63 acre in a TR-1 zone. He also informed the Board that Mr. Whisher
would not be opposed to the Simuneks placing their septic system on Whisher property if they need it. The erection of another principal building on the OC-1 property would not be allowed according to the subdivision in 1988. The proposed use of the property would be additional parking of motor vehicles for Indian Kettles.
Dave DeFranco asked the Board what was determined at the Site Review. B. Clark read the report from the Site Visit on 4/7/04: 1) Is Septic for lakeside house acceptable? 2) In light of history and previous involvement of the Planning Board, ZBA, and APA, why is this a permissible action today?
Mr. DeFranco expressed his feeling that much of the Simunek land on the east side is wet most of the year. He feels that a potential for failure of the 2 seepage pits could fail.
Mr. Whisher said he has no plans for building an accessory structure but does need space for parking. His intent is to leave just gravel, with no cover, for parking.
N. Waters made a motion to close the Public Hearing for Simunek; G. Ianson seconded. All members voted aye.
7955 Lakeshore Dr., Silver Bay
B. Clark read the description of the project and asked for public comments.
No one spoke from the audience.
M.L. Doulin asked how much greater than 25% the addition would be. ZEO Bailey replied 77%.
The Planning Board offered no recommendation due to the fact that they found the sketch too difficult to read and rejected it as incomplete.
ZEO Bailey affirmed that the septic system appears to be adequate for the proposed addition. There are no issues with any setbacks. The lot acreage is ¾ acre with a present total lot coverage of 14%. With the proposed addition, the coverage will increase to 20%; 30% is the maximum allowable coverage. All necessary setbacks have been met. The building height will be 29’.
The application is before the Zoning Board because the addition is more than 25%.
ZEO Bailey read a letter in favor of the addition from the Rypkemas.
G. Ianson made a motion to close the Public Hearing for Bosi; T. King seconded. All members voted aye.
B. Clark opened the Regular Meeting at 7:50 pm and introduced the Board members.
APPROVAL OF MINUTES
N. Waters made a motion to accept the minutes of the March 24 meeting as presented; G. Ianson seconded. All members voted aye; T. King abstained. The March minutes were accepted with a vote of 6-0, and one abstention.
OLD BUSINESS
1. 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.
The Board discussed whether Mr. Whisher could leave approximately ½ acre with the Simuneks for septic use. However, because an engineering study has not been done to determine what the appropriate soil types are, it is difficult to prejudge which segment is suitable for septic.
G. Ianson made a motion to deny the variance based on density, the past variance granted in 1988, and:
1) This request will create an undesirable change in the neighborhood character since it creates a precedent for a multitude of undersized lot.
2) This variance does not create any benefit to the applicant. The benefit is to the person purchasing the property.
3) The request is substantial because it is creating an undersized lot from the lot that was created to alleviate the past problems of an undersized lot.
4) This request will have an adverse effect on the neighborhood because of septic and if the owner did purchase the property, he would be making it into a parking lot.
5) This request is a self-created difficulty.
ML Doulin seconded.
Roll Call Vote:
B. Clark yes
ML Doulin yes
T. King yes
W. Pittman yes
N. Waters no – property is there and will not change anything other than additional parking; the parking can be on stone and not restrict the flow of water
G. Ianson yes
R. Goetsch abstain
The motion to deny the variance was passed 5-1 with one abstention.
2. BOSI (63-1-13) Dev 10-04 Var 03
7955 Lakeshore Dr., Silver Bay
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.
The Bosi’s are not increasing density. It will still be a single family dwelling.
T. King made a motion to approve the variance based on:
- It will not have an adverse impact on the neighborhood, in fact it will be a positive
- It is on a piece of property that is large enough so that it will not have a large differential impact.
- The septic has been shown to be able to handle the increase
- The benefit cannot be achieved by some other feasible method
- The request is not substantial
- The request would physically be an improvement to the neighborhood
- It is not a self-created difficulty
N. Waters seconded.
Roll Call Vote:
T. King yes
W. Pittman yes
N. Waters yes
G. Ianson yes
R. Goetsch yes
B. Clark yes
ML Doulin yes
The motion was passed 7-0.
NEW BUSINESS
The members requested advance notice of site visits. ZEO Bailey replied that the next planned visit will be with the Planning Board on May 22, if any zoning issues arise.
The next Zoning Board meeting will be held on May 27.
ADJOURNMENT
R. Goetsch made a motion to adjourn the meeting; T. King seconded. All members voted aye. The meeting was adjourned at 8:15 pm.
Respectfully submitted,
Mary Jo Keeler
Recording Secretary