Town of Hague

Zoning Board of Appeals

July 19, 2007

 

Members present: Chairman Robert Goetsch, George Ianson, Glenn McKee, Bill Pittman

 

Members absent: Donna Charboneau, Martin Fitzgerald, Lindsay Mydlarz

 

Also attending: Zoning Enforcement Officer Catherine Clark

                                Recording Secretary Nancy Young

 

Call to Order 

Robert Goetsch called the meeting to order at 7:00 pm.

 

Public Hearings

Nancy Young read the Public Notice, published on July 11, 2007.

 

Town of Hague Sewer District #2

Proposed Sewer District # 2, will extend through the Friends Point/Forest Bay area in the north and to Arcady Bay in the south. Major public utilities are not an allowed use in the OCII and RC areas, (portions of Friends Point/Forrest Bay), thus requiring a “change of use” variance.

 

No one spoke for or against the proposal.

No written comments were received.

 

Weinstein, (60.5-1-20), 55 Pine Cove Rd., TR2

The applicant is requesting a variance for a 12x15 ft. storage shed located 32.5 ft. from the shoreline. An existing 4x4 ft. shed, located 22 ft. from the shoreline will be removed if the variance is granted.

 

No one spoke for or against the proposal.

No written comments were received.

 

George Ianson moved to close the Public Hearing at 7:05 pm. Glenn McKee seconded the motion.

Vote: Carried, 4-0

Ayes: Goetsch, Ianson, McKee, Pittman

Nays: none

 

Regular Meeting

The regular monthly meeting of the Zoning Board of Appeals began immediately at 7:05pm.

 

Minutes

The minutes from the July 3, 2007 meeting were approved on a motion made by George Ianson and seconded by Robert Goetsch.

Vote: Carried, 4-0

Ayes: Goetsch, Ianson, McKee, Pittman

Nays: none

 

Old Business

Proposed Sewer District # 2,

Robert Goetsch briefly reviewed the proposal.

Major Public Utilities Use is not an allowed use in zones OCII, TR-1R and RC. Therefore a Change of Use variance is needed for the installation of Sewer District #2.

DEC has approved the project.

The Hague Planning Board moved to recommend variance approval at their 7/9/07 meeting.

Bill Pittman moved to approve the variance request. George Ianson seconded.

Further discussion.

Can the applicant realize a reasonable return without a variance?

                Comparing septic to sewer costs, it is more cost effective to install sewers.

 

Is the alleged hardship unique and does it apply to a substantial portion of the neighborhood or District?

                It is unique and all homes in the area will be using it.

 

Will the requested use variance alter the essential character of the neighborhood?

Only slightly, it will be mostly underground and have a positive effect on the neighborhood.

 

Is the alleged hardship self created?

Yes, but for a good cause. Many lots in the area were established long ago and are undersized, unable to support a septic system. This will be a definite benefit.

 

                Vote: Carried, 4-0

                Ayes: Goetsch, Ianson, Pittman, McKee

Nays:  none

               

Weinstein, (60.5-1-20), 55 Pine Cove Rd., TR2

The applicant is requesting a variance for a 12x15 ft. storage shed located 32.5 ft. from the shoreline. An existing 4x4 ft. shed, located 22 ft. from the shoreline will be removed if the variance is granted.

Variance issue: 160-50 B. (b) Shorelines

 

Discussion:

Members questioned the need for such a substantial sized building and noted that no reason was stated on the application concerning the size and its need. 

Cathy Clark has spoken with Mr. Weinstein who indicated he needs the building to store kayaks and docking materials.

Ms. Clark noted the steep terrain of the property.

ZBA members discussed other options available to the applicant, such as a boathouse or a smaller storage building.

 

Robert Goetsch moved and Bill Pittman seconded a motion to deny the variance request.

Vote: Carried, 4-0

Ayes: Goetsch, Pittman, Ianson, McKee

Nays: none

 

New Business

Hume (26.6-1-9) 34 Forest Bay Rd. N (TR-1R)

The applicant is resubmitting an application for a deck addition to a legal non-conforming house. On November 30, 2006 the ZBA approved the addition of a 3 ½ foot addition to the existing deck with the condition that storm water prevention be installed to the entire structure. The APA denied the approval, stating a hardship was not established. The applicant has now submitted three different sets of plans. Alternative #1 is the plan the ZBA approved in November; alternatives # 2 and # 3 are new.  On July 12, 2007 an “Informal Review Request” was sent to the APA. 

Zoning issues: 160-50 Shoreline Setbacks

 

ZBA members discussed the different options. Although expanding the deck laterally would be allowed, it would require the removal of several large trees. In general, they felt the best option would be to re-approve Alternative #1 since they already approved the same application on November 30, 2006. 

The application was accepted and the Public Hearing was scheduled for August 23, 2007.

Other business - none

 Adjournment

Glenn McKee moved to adjourn the meeting at 7:34 pm. George Ianson seconded.

Vote: Carried, 4-0

Ayes: Goetsch, McKee, Ianson, Pittman

Nays: None