Town of Hague
Zoning Board of Appeals
November 30, 2006
Members present: Chairman Robert Goetsch, Martin Fitzgerald, Jr., George Ianson, Glen McKee, Lindsay Mydlarz
Members absent: Bill Pittman
Also in attendance: ZEO Cathy Clark, Recording Secretary Nancy Young
Public Hearing
Robert Goetsch called the Public Hearing portion of the meeting to order at 7:00 pm.
Macionis, (26.6-1-1) 9500 Lakeshore Dr. TR1
The applicant is requesting an addition of a 3 ft. by 24 ft. walkway to an existing home. The current shoreline setback of the structure is 51 ft. The walkway, if approved, will be 48 ft. from the lake.
Variance issue: 160-50, shoreline setbacks
The Public Hearing Notice, as it appeared in the Post Star on 11/20/2006, was read by Cathy
Clark.
Contractor Lee Peters spoke in support of the project. He informed Board members that the requested 3 ft. walkway is the minimum width allowed by NYS Building Code. Mr. Peters also feels the removal and replacement of the sunroom will enhance the exterior of the home.
No one else spoke for or against the proposal.
The Macionis Public Hearing was closed at 7:02 pm. followed immediately by the Public Hearing for Hume.
Hume, (26.6-1-9) 34 Forest Bay Rd N., TR1R
The applicants own a legal, pre-existing, non-conforming house. They are requesting
a 17.4% bedroom addition and a 401 sq. ft. addition to an existing deck. The present shoreline setback would reduce from 44 ft. to 39 ft.
Variance issue 160-50 Shoreline setback
Cathy Clark read the Notice of Public Hearing, published in the Post Star on 11/20/2006.
Mr. Hume spoke in behalf of his request and provided a scaled model of the residence. He would like to add a bedroom and widen the 6 ˝ ft. deck, enclosing it to create a screened-in porch. He feels the present dimensions of the deck are not suitable for a porch.
No one else spoke for or against the project.
Cathy Clark made note that the Site Visit Report is contained in the file.
The Public Hearings were closed at 7:08 pm.
Regular Meeting
The regular monthly meeting of the Zoning Board of Appeals was called to order at 7:08 pm by Robert Goetsch.
After introductions, the minutes from the October 25th meeting were approved on a motion made by Lindsay Mydlarz and seconded by George Ianson.
Vote: Carried, 5-0
Macionis, (26.6-1-1) 9500 Lakeshore Dr. TR1
The applicant is requesting an addition of a 3 ft. by 24 ft. walkway to an existing home. The current shoreline setback of the structure is 51 ft. The walkway, if approved, will be 48 ft. from the lake.
Variance issue: 160-50, shoreline setbacks
Glenn McKee moved to approve the request. Martin Fitzgerald seconded.
The proposal will not have an undesirable effect to the character of the neighborhood.
The benefit cannot be achieved by other methods feasible to the applicant other than an area variance.
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.
Vote: Carried, 5-0
Hume, (26.6-1-9) 34 Forest Bay Rd N., TR1R
The applicants own a legal, pre-existing, non-conforming house. They are requesting
a 17.4% bedroom addition and a 401 sq. ft. addition to an existing deck. The present shoreline setback would reduce from 44 ft. to 39 ft.
Variance issue 160-50 Shoreline setback
It was noted that Planning Board members visited the Site on 11/04/2006. They have recommended denial of the variance, based on the fact that the request is substantial and that the benefit could be achieved with an alternative not requiring a variance.
Because there were no comments or questions concerning the bedroom addition part of the proposal, discussion centered around the proposed deck expansion and its proximity to the lake.
Points noted during the discussion:
Not sure what alternatives the Planning Board had in mind. Ianson
10 ft. would make a reasonable width for a porch. Goetsch
Different roof construction might be needed if moved in another direction. Ianson
This is substantial request, would like to see less infringement of the shoreline. Mydlarz
Have been firm with setbacks in the past, have asked others for redesign, must be consistent. But this is already at 44 ft.. Ianson
Property is located on peninsula, hardship is placement on a curving shoreline. Clark
Consider use, porch vs. walkway Goetsch
Used LGPC standard for measuring. Clark
Statement – only 44 ft to 41 ft. Goetsch
Why make it worse? Mydlarz
What is the purpose of shoreline set back? Feel heavy vegetation of property helpful. Helm
No large trees will be removed. Clark
Why make it worse? Already Substantial. Once done can never be change. Mydlarz
Concern with later using as additional living space. Fitzgerald
Discussion by several concerning needs for stormwater plan.
Lindsay Mydlarz presented the following motion: to grant approval based on the fact that there was no extension further than the existing deck, so the east side could be extended but would extend no further than the existing deck. Therefore, the 44 ft encroachment from the shoreline setback would remain.
There was no second to the motion.
More discussion:
Explanation from Clark about the bedroom addition is a Planning Board issue, deck a ZBA.
41 ft. is minimum to allow for function as a porch. Helm
If they move back wall to gain space, would lose bedroom and living room space. Ianson
Building code minimum bedroom size cited by Goetsch.
Martin Fitzgerald moved to grant a 3 ˝ ft extension to the north to allow for the screened in porch, resulting in a 41 ft. shoreline setback. The porch must remain a screened-in porch and cannot ever be converted to living space. Gutters must be installed on the eave lines of the house draining away from the lake or a storm water plan must be developed. George Ianson seconded the motion.
The proposal will not have an undesirable effect to the character of the neighborhood .
The benefit cannot be achieved by other methods feasible to the applicant other than an area variance.
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.
Vote: Carried, 4-1
Ayes: Fitzgerald, Ianson, McKee, Goetsch
Nays: Mydlarz
Sheehan, (25.3-1-16) Graphite Mountain Rd. OCI/OCII
An after-the-fact approval had been requested by Mr. Sheehan for a 6 ft by 545 ft. chain link fence. The fence exceeds the 4 ft. height limit and has been in place for 2 years. Previous action by the ZBA was tabled until there was clarification of the property lines, (8/24/2006).
Mr. Sheehan’s most recent survey confirms the fence is located predominately on neighboring property owned by Perry Girard..
The Board suggested Cathy Clark send letters to both Mr. Girard and Mr. Sheehan requesting removal of the illegal fence.
Other business
It was noted that ZBA member Mary Lou Doulin has submitted her resignation. The Board expressed gratitude for her many years of service.
The Board discussed the possibility of using alternate members for the Planning and Zoning Boards, if needed. According to Cathy Clark, the ZEO can act as an alternate for the Planning Board but the Town Board must appoint one for the ZBA.
Adjournment
The meeting was adjourned at 7:55 pm on a motion made by Lindsay Mydlarz and seconded by Glen McKee.
Vote: Carried, 5-0