Town of Hague
Zoning Board of Appeals
April 27, 2006
Members present: Martin Fitzgerald, Acting Chair
Mary Lou Doulin, George Ianson, Tina King, Bill Pittman, Lindsay Mydlarz
Absent: Robert Goetsch
Also in attendance: Catherine Clark, ZEO
Nancy Young, Recording Secretary
Public Hearings
Martin Fitzgerald called the Public Hearing portion of the meeting to order at 7:05 pm.
Puckette, (42.12-1-18) Lakeshore DR. TR1
The applicant wishes to add a 6x12 ft addition to the rear of an existing non-conforming house. The addition will maintain the current 4 ft. sideline setback.
The Public Notice as it appeared in the Post on 04/17/2006 was read by Cathy Clark.
Nancy Young read a letter from neighbor Robert Schwarz, dated 04/20/2006. Mr. Schwarz has no objection to the proposal but has concerns about use of his driveway.
Homeowner, Don Puckette reviewed the drawings and shared a brief history of the property. He noted a storm water plan has been designed by the LG Waterkeeper.
George Ianson cautioned the Board to review the variance issue only. Comments from Mr. Schwarz concerning driveway use should not be considered.
No one else spoke for or against the project.
Berger, (12.18-1-17) Lakeshore Dr. TR1
The applicant would like to remove a portion of an existing deck and staircase which encroaches on the neighboring property. A new staircase would be built to meet a set of existing stairs that lead to the boat dock. Variances are needed for sideline and shoreline setbacks.
The Notice as it appeared in the Post Star on 04/17/2006 was read by Cathy Clark.
A letter was read by Nancy Young from Roy and Carol Johnson, dated 04/26/2006, outlining the issues related to the property.
An e-mail dated 04/27/2006 from Rosemary Berger, in response to the Johnson letter, was read by Nancy Young.
Comments:
Neighbor Brad Whisher briefly reviewed the situation with the property. He suggested building two sets of stairs. Access to the lake would be through the house.
It was noted the house was built in violation of the sideline setbacks prior to the Bergers ownership.
No one else spoke for or against the project.
Whisher, (43.5-2-15) Graphite Mt. Rd. Hamlet
A variance for a sideline setback is being requested in order to build a 9x16 ft. addition to the rear of a pre-existing non-conforming building for the purpose of housing a refrigeration unit.
The Notice, as it appeared in the Post Star on 04/17/2006 was read by Cathy Clark.
Comments:
Property owner, Brad Whisher reviewed his request with the Board. He feels he has no other viable options and noted the previous, similar variance approvals. Mr. Whisher explained his reasons for not placing the unit on the other side of the building (expensive to move electrical and water lines). He feels the business will be a nice addition to the town and does not understand the concerns expressed by the neighbors.
Attorney, Pat Carney spoke on behalf of the neighbors, The Hague Group, LLC, who are opposed to the variance request. Mr. Carney outlined their concerns:
The proximity to the property lines and neighboring buildings.
The potential noise from the addition.
They feel there would be an adverse impact on the neighborhood, specifically the driveway access to parking area in the rear of the building.
They feel the addition will change the character of the neighborhood.
They feel there are alternatives to the proposal.
They consider it a substantial variance request.
A written statement, dated 04/27/2006, was also submitted.
Alice Patchett spoke in favor of the proposal. In her opinion, the Hague Group purchased their property in the hamlet/business area of town, knowing the pre-existing, non-conformance issues. She feels Mr. Whisher’s business would have a positive impact on the Community.
Previous actions by the ZBA were reviewed. The similar variance granted in 1994 has expired.
Another proposal in 2003 called for moving the building to increase the setbacks.
No one else spoke for or against the project.
Whisher and Eaton (12.18-1-15.1 and 12.18-1-15.2) Lakeshore DR. TR1
The Public Notice as it appeared in the Post Star on 04/17/2006 was read by Cathy Clark.
The applicants are requesting a lot line change to allow for a larger dock at their residential property. They own both non-conforming lots which were created by variance in 2002.
Mr. Whisher noted it is the angle of the property line that is being changed. There will be no change to the docks at his business.
No other comments were heard.
George Ianson moved to close the Public Hearings at 7:52 pm. Mary Lou Doulin seconded the motion.
Vote: Carried, 6-0
Regular Meeting
The regular monthly meeting of the Zoning Board of Appeals began at 7:52 pm.
After introductions, the minutes from March 23, 2006 were approved on a motion made by George Ianson and seconded by Tina King.
Vote: Carried, 6-0
Puckette, (42.12-1-18) Lakeshore Dr. TR1
Mr. Puckette reviewed the drawings for the 6x12 ft addition with the Board. The addition will extend the kitchen area and allow for a first floor bathroom.
At its 04/11/2006 meeting, the Planning Board voted to recommend the ZBA disapprove the plan as submitted.
George Ianson made a motion to approve the variance request. Bill Pittman seconded.
Vote: Tie, 3-3. Motion did not carry.
Ayes: Ianson, Pittman, Fitzgerald
Nays: King, Mydlarz, Doulin
Berger, (12.18-1-17) Lakeshore Dr. TR1
Members discussed the various issues related to the property as stated in the Johnson and Berger letters. All agreed of the need to consider only the variance request as presented.
The LGPC has been contacted.
At the 4/11/2006 meeting, the Planning Board recommended the ZBA deny the request.
Mary Lou Doulin made a motion to deny the request, stating as reasons:
Granting the variance would not solve the problem with the setback issues.
Another solution is possible.
Lindsay Mydlarz seconded the motion.
Vote: Carried, 4-2
Ayes: Doulin, Mydlarz, King, Pittman
Nays: Ianson, Fitzgerald
Whisher, 43.5-2-15. Graphite Mt. Rd., Hamlet
Mr. Wisher is requesting a variance for a sideline setback in order to build a 9x16 ft. addition to the rear of a pre-existing non-conforming building.
The Planning Board voted to make no recommendation at the 04/11/2006 meeting.
Bill Pittman stated that since there is another way of doing it that would make it conforming, even though more expensive, he moved to deny.
Lindsay Mydlarz seconded the motion.
Vote: Carried, 4-2
Ayes: Pittman, Mydlarz, King, Doulin
Nay: Ianson, Fitzgerald
Whisher/Eaton, (12.18-1-15.1) and (12.18-1-15.2), Lakeshore Dr. TR1
The applicants are requesting a lot line change in order to accommodate a larger dock on their residential parcel. Both lots, owned by Mr. Wisher and Ms. Eaton, are non-conforming, and were created by variance in April 2002. Conditional approval stated there be no further subdivision of the lots. The size of the restaurant parcel would be reduced from .99 acres to .97 acres, with shoreline frontage reduced from 278 ft. to 253 ft. The size of the house lot would increase from .18 acres to .20 acres. Shoreline frontage would increase from 61 ft. to 85 ft.
Setbacks would not be affected.
The Planning Board approved the lot line change at the 04/06/2006 meeting.
Tina King moved to approve the variance request. Bill Pittman seconded the motion.
The change in both non-conforming lots is minimal.
Vote: Carried 6-0
Rebenack, (93.16-1-33) Sabbath Day Pt. Rd. TR1r
The applicant wishes to replace the existing house with a new log home within 100 ft. of the lake.
Contractor Chip Maynard reviewed recent modifications to the proposal.
The Board accepted the application on a motion from George Ianson, but requested the applicant provide documentation of the distance of the existing and proposed building to the lake.
Tina King seconded the motion.
Vote: Carried 6-0
The Board suggested Mr. Maynard discuss with the homeowner the possibility of placing the deck 30 ft from lake.
Mr. Rebenack has given permission for members to visit the site.
Stanford, (43.13-1-29) Bayberry Lane, TR1
The applicant wishes to build a 10x20 ft. sunroom maintaining the current 6 ft sideline setback.
The application was accepted on a motion heard from George Ianson. Bill Pittman seconded.
Vote: Carried 6-0
Other business
Fences and their setback requirements were discussed. Several members would like to see the topic revisited.
Adjournment
Lindsay Mydlarz moved to adjourn the meeting at 9:00 pm. Tina King seconded the motion.
Vote: Carried, 6-0