Town of Hague Zoning Board of Appeals
September 28, 2006
Members present: Chairman Robert Goetsch, Martin Fitzgerald, Jr., George Ianson,
Glen McKee, Lindsay Mydlarz, Bill Pittman
Members absent: Mary Lou Doulin
Also attending: ZEO Catherine Clark, Recording Secretary Nancy Young
Public Hearings
Robert Goetsch called the Public Hearing portion of the meeting to order at 7:00 pm.
IHH Properties, LLC, (26.18-1-1.1) Lakeshore Mine Rd. OCII
Robert Goetsch reviewed the proposal to subdivide a 24.24 acre parcel into two lots, one consisting of 2 acres, the other 22.24 acres. The proposed 2 acre lot currently has a single family dwelling in place. The remaining 22.24 acres is encumbered, in part, by a conservation easement. Due to the 8 acre density restriction in zone OCII a variance is needed. This is a Class A, APA project.
The applicants’ representative, John Breitenbach, Jr. provided the group with a brief history of the Island Harbor properties. He explained the line for the subdivision lies on an existing road, providing a natural break/ownership boundary. Subdividing will not affect the density in the area.
No one else spoke for or against the proposal.
Keating (43.5-1-5) Graphite Mountain Rd., Hamlet
Robert Goetsch explained the applicant’s request for an 8 ft. fence across his front and side property lines in order to ease noise issues in the area. Fences on residential lots are limited to 4 ft. Variances will also be needed to grant relief from the 20 ft. roadside setback requirement and for the shoreline setback from the Hague Brook. NYSDOT maintains their ROW ends one foot beyond sidewalk. The property line is in the center of Rt. 8.
One letter was read by Cathy Clark:
Bruce Clark, dated July 5, 2006 in favor of granting the request.
No one spoke for or against the proposal.
Macionis (26.6-1-1) Lakeshore Dr. TR1
Robert Goetsch reviewed the Macionis’ request to construct a 10 ft. by 32 ft addition, a 6 ft by 24 ft. walkway and an exterior staircase. The deck addition and the staircase will maintain the current shoreline setback of 51 ft. The walkway will be located 45 ft. from the lake.
Variance issue: 160-50 shoreline setback
Lee Peters, contractor, provided additional details about the project. The owners would like to remove an existing solarium and build an addition on its footprint. They hope to reuse some of the materials from the solarium.
No one else spoke for or against the proposal.
At 7:10 pm, a motion was heard from George Ianson to close the Public Hearing portion of the meeting. Glen McKee seconded it.
Vote: Carried, 6-0
Regular Meeting
The regular monthly meeting was immediately called to order by Robert Goetsch at 7:10 pm.
After introductions, the minutes from the 8/24/2006 meeting were approved as written. Motion by Martin Fitzgerald, second by George Ianson.
Vote: Carried, 6-0
Old Business
IHH Properties, LLC, (26.18-1-1.1) Lakeshore Mine Rd. OCII
The Planning Board has scheduled a Public Hearing for 10/5/2006.
A motion to approve was heard from Martin Fitzgerald and seconded by George Ianson.
The proposal will not have an undesirable effect to the character of the neighborhood or to the detriment of nearby properties.
Yes, the benefit can be achieved by other methods feasible to the applicant other than an area variance. Yes, but it is creating a smaller lot.
The request is not substantial.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
The alleged difficulty is self created. Yes, but it is still creating a smaller lot and putting more land in the conservancy.
Vote: Carried, 6-0
Keating (43.5-1-5) Graphite Mountain Rd., Hamlet
class=Section2>The recommendation from the Planning Board on 9/07/2006 was read by Cathy Clark.
Tim Costello moved to recommend denial of the variance to the ZBA. Rolly Allen seconded.
Vote: Not Carried.
Ayes: Costello, Allen
Nays: Peterson
Abstain: Swanson
The Warren County Planning Board moved to deny the application on 9/13/2006.
A motion to deny the application was heard from George Ianson and seconded by Bill Pittman.
The proposal will have an undesirable effect to the character of the neighborhood.
The benefit can be achieved by other methods feasible to the applicant other than an area variance. An air conditioner could muffle the noise, for example.
The request is substantial.
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
The alleged difficulty is not self created.
Vote: Carried, 6-0
Macionis (26.6-1-1) Lakeshore Dr. TR1
According to Cathy Clark, the APA has reviewed the variance request and do not feel the situation constitutes a hardship. They feel the owners could get similar results through other means.
Committee members discussed different construction options with Mr. Peters, and suggested a smaller room and/or a 4 ft. walkway.
A motion to deny the application, because there are other viable options, was heard from Lindsay Mydlarz. Martin Fitzgerald seconded the motion.
The proposal will not have an undesirable effect to the character of the neighborhood.
The benefit can be achieved by other methods feasible to the applicant other than an area variance.
The request is substantial.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
The alleged difficulty is self created.
Vote: Carried, 6-0
New Business
Babinsky, (76.20-1-11) Lakeshore Dr. TR1R
Robert Goetsch explained the applicant would like to construct a 4 ft. high fence on her southern property line. The proposed fence would be 6 inches from the line and run east to the edge of the lake. He made note that this is an after the fact application for the greater portion of the fence. On 7/6/2006 the ZEO ordered the removal of 50 ft of the fence which was located on the shoreline, but allowed a portion of the fence to remain, pending the outcome of the ZBA decision.
Zoning issues: 160-50 shoreline setbacks, 160-52 fences
Bill Morgan, adjacent property owner, spoke on behalf of Ms. Babinsky. He stated that the ROW located on his property is being abused by another neighbor. Ms. Babinsky would like to protect her side of the ROW with the fence.
Cathy Clark informed the group that the APA and the LGPC will also review this application.
A motion to accept the application as complete, and place it on the agenda for a Public Hearing at the next meeting was heard from Lindsay Mydlarz. George Ianson seconded the motion.
Vote: Carried, 6-0
A Site visit was scheduled for 10/6/2006. Ms. Clark will speak to Ms. Babinsky regarding the visit.
Strycker, (43.17-1-3) Springdale Manor Dr. TR1
Robert Goetsch reviewed the request for more than a 25% increase of square footage on a legal non-conforming residence. The owner would like to replace the existing one story home with a two story house. No increase to the footprint of the structure is planned. The septic tank is in compliance for the proposed three bedroom home, with a shared association leach field.
Zoning issues: 160-62 A, Non-conforming structure
160-50 B, (b) construction within 50 ft of the MHW
Mr. and Mrs. Strycker were present.
Bill Pittman moved to deem the application complete and place it on the agenda for the next meeting. George Ianson seconded.
Vote, Carried, 6-0
A Site Visit will be made on 10/5 /2006.
At 7:46 pm a motion to adjourn was made by Lindsay Mydlarz and seconded by George Ianson.
Vote: Carried, 6-0