Town of Hague

 Zoning Board of Appeals

January 27, 2005

Present: Robert Goetsch, Chairman

              George Ianson, Bruce Clark, Bill Pittman

Absent: Tina King, Mary Lou Doulin, Nelson Waters

Also in attendance: Graham Bailey, Zoning Enforcement Officer

              Nancy Trombley, Recording Secretary

Public Hearings

The Public Hearing portion of the meeting was called to order at 7:05 pm by R. Goetsch.

Wilen, (43.13-1-4), Lakeshore Dr., TR-1 continued from 12.23.04

Applicant wishes to divide his property into two parcels, each consisting of 1.08 acres, less than the required 1.1 acres.

R. Goetsch asked for comments from the audience.

Ann Shakeshaft read a statement in opposition to the variance request, (submitted for the record). If the variance is approved, she suggests conditions be placed on the property to increase the future building side setback dimension.

No one else spoke in favor or in opposition to the project.

Icke, (26.14-1-16), Waltonian Rd., TR-1

Applicant wishes to move an existing garage, connect it to the residence with a breezeway and modify the roof line. The proposed roof construction is within 50 ft. of the shoreline and a portion of the proposed breezeway will be within 100 ft..

No one spoke for or against the project.

Adjournment

The Public Hearing portion of the meeting was closed at 7:08 pm. on a motion heard from G. Ianson and seconded by B. Clark.

Vote: Approved, 4-0

Regular Meeting

The regular monthly meeting of the ZBA was called to order at 7:08 pm by R. Goetsch.

After introductions, the minutes from the 12.23.04 meeting were approved as written on a motion made by B. Clark and seconded by G. Ianson.

Vote: 4-0

Wilen, (43.13-1-4) Lakeshore Dr., TR-1

According to G. Bailey, Mr. Wilen is waiting for the results of a new survey. Should it indicate he has more than the required 2.2 acres, no variance will be necessary to subdivide the property. If there is insufficient acreage a decision about the variance will be needed within 60 days.

The group discussed the protocol for placing conditions on a variance. Unless the homeowners agree, the ZBA cannot apply more stringent restrictions than those defined by the Ordinance. 

G. Bailey informed members the APA takes public comment into consideration when reviewing variances and subdivisions a town approves.

Icke, (26.14-1-6) Waltonian Rd. TR-1

R. Goetsch reviewed the variance request making note of the Site Visit made on 01.22.05. At that time the Planning Board made a recommendation to approve the variance with conditions, by a vote of 6-0. (See Planning Board minutes 01.22.05)

There is no plan to increase the number of bedrooms. Although the Planning Board suggested the septic system be evaluated, G. Bailey explained the Town cannot require an upgrade if there is no indication of failure.

Depending on its material, the group decided the patio should be taken into account when calculating lot coverage.

Discussion ensued concerning the history of  the property.

When built, the existing boathouse exceeded the 13 ft. height restriction. The homeowners at the time were ordered to remove it and did not. Because the town changed the requirement to 16 ft in 2000, the boathouse is no longer an issue.

The group debated the advisability of investigating a property for non-compliance issues.  All were in agreement the ZEO should check the town file for unresolved issues when processing an application. G. Bailey felt it may be unnecessary to evaluate each parcel for violations every time an application is filed. The need to evaluate would depend on the scope of the proposed improvements.

Motion: G. Ianson move to grant the variance based on the following:

There will be no undesirable change to the character of the neighborhood or detriment of nearby properties.

            The benefit sought cannot be achieved  by any other feasible  method.

            The request is not substantial.

The variance will not have an adverse effect or impact the physical or environmental conditions in the neighborhood.

            The difficulty is self-created.

The variance is granted with the following condition:

            The ZEO will examine the area to determine proper storm water control methods.

B. Clark seconded the motion.

Vote: Approved, 4-0

Clarification to the Zoning Code

The 25% expansion limit does not apply when the only issue of non-conformity is lot size, according to G. Bailey.

A recommendation is needed for the Town Board to eliminate the word attic from the definition of square footage.

Discussion about what constitutes “habitable space”- should it be at least 7 ft. in height? Members will continue discussion at their next meeting.

It was suggested that any changes to the Town Code be consistent with Warren County definitions.

Deputy Chairperson

A motion to nominate Bruce Clark as Deputy Chair of the ZBA was heard from R. Goetsch, second from B. Pittman.

Vote: Approved, 4-0

Training opportunities/other business

Dept of State and APA training in early April in Hague - need to check Ticonderoga school vacation schedule.

G. Bailey has requested funding from the Town Board for educational materials for ZBA  members.

B. Clark distributed copies of an article about conflict of interest from The Planning News.

Adjournment

A motion to adjourn at 7:42 pm was made by G. Ianson and seconded by B. Clark.

Vote: Approved, 4-0