Town of Hague
Zoning Board of Appeals
October 25, 2006
Members present: Chairman Robert Goetsch, Jr., George Ianson, Glen McKee, Lindsay Mydlarz, Bill Pittman, Mary Lou Doulin
Members absent: Martin Fitzgerald, II
Also attending: ZEO Catherine Clark, Acting Recording Secretary Judy Stock
Public Hearings
Robert Goetsch called the Public Hearing portion of the meeting to order at 7:00 pm.
Babinsky, (76.20-1-11) 8118 Lakeshore Dr. TR1R
The applicant would like to construct a 4 ft. high fence on her southern property line. The proposed fence, if approved, would be 6 inches from the line and run east to the edge of the lake.
A letter in support of the application from applicant, Carolyn Babinsky, dated October 24, 2006 to Catherine Clark, ZEO, was read into the record by the acting secretary.
A letter requesting denial of the application from applicant's neighbor, Norman Levy, dated October 24, 2006 to the attention of Cathy Clark was read into the record by the acting secretary.
No one from the audience spoke for or against the variance.
Strycker, (43.17-1-3) Springdale Manor Dr. TR1
The applicant is requesting a variance for more than a 25% increase of square footage on a legal pre-existing, non-conforming house. The owner would like to replace the existing one story house with a two story house. No increase to the footprint of the structure is planned.
Letters by Springdale Manor Association neighbors in support of the application were read into the record by the acting secretary. The letters were from John & Gayle Miller, Janice & James Cooper, Virginia Marschner, Tom Marschner, Kathy & Al Ackerman, Ellen & Tom Whelan and Eric & Joan Sills. A letter read from William & Sandra Vincelette indicated they were not opposed to the variance but had concerns about the planned construction. Letters read against the application were from Catharine Harrison, Margaret Harrison, Susan Harrison and Joan Grishkot.
During reading of the letters which referred to a distance of 5 feet from the Lake, a clarification was made by Board member Doulin that it is actually 25 feet.
Joe Stanislowski, 5 Springdale Manor, who is another neighbor spoke. He noted that he had not received a notice and Ms. Clark said that she was depending on the listing from the County GIS system for abutting neighbors which unfortunately didn't list him. Mr. Stanislowski supported the proponent views for the variance citing 1) precedence set by allowing a second story already in Springdale Manor, 2) precedence has been set for remodeling within 50 feet of the Lake on a structure next to the Town Boat Dock, 3) only people in Association would be affected and they are in favor, and 4) it is a well-thought out design.
Don Strycker noted that the tree will have to come down in order for adequate building support.
There being no further comments a motion was heard from George Ianson, seconded by Glen McKee, to close the Public Hearing portion of the meeting. Carried 6-0.
Regular Meeting
The regular monthly meeting was then called to order by Chairman Goetsch at 7:25 pm.
After introductions, the minutes from the 9/28/2006 meeting were approved with one correction. On page 4, the sentence, "Bill Pittman moved to deem the complication complete…" should be corrected by replacing the letters "comp" by "app". There being no further corrections a motion was made by Glen McKee , seconded by Bill Pittman, to accept the minutes as corrected. Carried 6-0.
Old Business
Babinsky, (76.20-1-11) ) 8118 Lakeshore Dr. TR1R
Robert Goetsch responded to comments made in Mr. Levy's letter that he had worked for both Mr. Levy and Mrs. Babinsky in the past but is not currently working for either of them and has no monetary interest in the outcome.
ZEO Clark noted that site visits had been made and reports issued from them. She discussed the issue of the Morgan, Levy & Babinsky surveys and said it is not possible to be sure of some of the measurements. Chairman Goetsch stated that it did not really matter because they were dealing with an application for the fence on Mrs. Babinsky's property. Mr. Ianson said that the Board is going to determine whether or not a variance should be approved so that the fence can be put up and it is up to the owner and surveyor to see that it is put in the correct place.
The application is an after-the-fact request for a fence which was put up within 50 feet of the Lake. The ZEO required that the portion of the fence within 50 feet of the Lake be removed which is how the current fence now stands.
Bill Pittman moved to deny the application for a 50 foot extension toward the Lakeshore but to allow the existing fence remain provided it has a 20 foot setback from the road, a 50 foot setback from the Lake and is set back 6 inches or more from the southern boundary line. George Ianson seconded the motion.
On finding of the facts, Bill Pittman read and responded to the following questions:
Will an undesirable change be produced to the character of the neighborhood or to the detriment of nearby properties? No, the applicant says the fence will only pass along a wooded undeveloped property line.
Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No.
Is the requested variance substantial? No.
Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No.
Is the alleged difficulty self-created? Yes.
Motion carried, 6-0.
Strycker, (43.17-1-3) Springdale Manor Dr. TR1
The applicant is requesting a variance for more than a 25% increase of square footage on a legal non-conforming residence in order to replace the existing one story house with a two story house (which would be nearly 100% increase). No increase to the footprint of the structure is planned so that the lake view of the other houses will not be blocked. The permanent fireplace will remain. The septic tank is in compliance for the proposed three bedroom home, with a shared association leach field. The septic is new and has been pumped recently. In addition a variance is sought for relief from the shoreline setback requirement since the construction will be within 50 feet of the Lake.
Glenn McKee moved, and Lindsay Mydlarz seconded, a motion to approve the application with the condition that the new structure be constructed on the exact same footprint as the original.
On finding of the facts, Glenn McKee read and responded to the following questions:
Will an undesirable change be produced to the character of the neighborhood or to the detriment of nearby properties? No.
Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No.
Is the requested variance substantial? Yes.
Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No.
Is the alleged difficulty self-created? Yes.
Motion carried, 6-0
New Business:
1. MACIONIS (26.6-1-1) 9500 Lakeshore Drive (TR-1)
Applicant is requesting an addition of a 3 ft x 24 ft walkway to an existing house. The proposed walkway will be 48 feet from the lake while the current shoreline setback of the structure is 51 feet. Variance issue: 160-50, Shoreline setbacks.
The Board accepted the revised application which reflected recommendations made by the ZBA and a public hearing will be on the agenda for next month. A site visit is scheduled for Nov. 4, 2006 at 9:00 am.
2. HUME (26.6-1-9) 34 Forest Bay Rd., N (TR-1R)
Applicant is requesting a 17.4 % (bedroom) addition to a pre-existing legal non-conforming
house and a 401 sq. ft addition to an existing deck. The setback from the lake is currently 44
feet and the proposed setback is 39 feet. In 2002, a new 500 gal concrete septic tank was
installed. The property is located in the Proposed Town Sewer District #2.
Zoning Board issue: 160-50 Shoreline setback
The Board accepted the application and a public hearing will be on the agenda for next month. A site visit is scheduled for Nov. 4, 2006 at 9:00 am.
The next scheduled ZBA meeting is on Thanksgiving. A motion was made by Lindsay Mydlarz,
and seconded by Glenn McKee, to reschedule the meeting to the following Thursday, November
30, 2006 at 7 pm. Motion carried, 6-0.
A motion to adjourn was made by Lindsay Mydlarz and seconded by George Ianson.
Motion carried, 6-0. Meeting adjourned at 8:10 pm.
Acting Secretary,
Judy Stock