Town of Hague

ZONING BOARD OF APPEALS

DATE: MAY 22, 2008

TIME: 7:00 PM

PUBLIC HEARINGS:

Chairman Goetsch opened the public hearing at 7 pm

ZEO  Catherine Clark read the notice that was published in the newspaper:

1. JOHNSON (12.18-1-16) Lakeshore Drive (TR-1)

The applicant would like to demolish an existing 459 sq. ft. structure and deck and construct a new 512 sq. ft. cabana and deck.  The existing structure sits on the south side of the parcel, 1 foot from the Mean High Watermark  (MHW) of Lake George.  If approved the new cabana and deck will sit 8 feet from the MHW of the lake and be located on the north side of the property.  Zoning issue: 160-50 B (b) Shoreline setbacks

ZEO Clark stated that this application was withdrawn today.

ZEO Clark read the notice that was published in the newspaper:

2.  VAN BUSKIRK (93.19-1-2) 7796 Lakeshore Drive (RC)

The applicant would like to install a 176 sq. ft. stone patio with a crushed rock base on a legal nonconforming lot.   The existing house now covers  15.9 % of the lot.  If approved the patio would be a .35 % increase.  A landscape plan has been submitted.

Zoning issues: 160-31 (A) RC percentage of coverage.

Mr. Van Buskirk stated:

             “The main idea of this request was so that they could have a table and chairs outside which is hard to do with grass.  Want a harder surface so that the chairs can be moved to make it easier on older people.  We could live without it but would rather have it if we could.”

ZEO Clark read the notice that was published in the newspaper:

3. NAVITSKY (93.19-1-10) 7763 Lakeshore Drive (RC)

The applicant would like to expand and relocate a previously approved garage

( 3-23-06).  They also would like approval for a 96 sq. ft. shed which has been place upon the lot.  This would require relief from a condition placed on the 2006 approval from the Zoning Board of Appeals.  Zoning issues 160-31.  (A)  RC rear and front line setbacks and relief from “Conditions of Approval.”

Mr. Navitsky stated:

            “Regarding the garage we did not build in the time allocated so in looking at the site we were actually going to increase the previous  variance that  we received from 16 ft to 18 ft so we felt we were making that better.

            “Regarding the impervious coverage we are seeking a 39 sq ft  increase but to try to mitigate that we  are also decreasing our driveway by 15 feet in length to try to keep in compliance with our initial approval. 

            “Regarding the front set-back  for the shed, we feel we do have a hardship because there was a taking  previously by the DOT where they took 20 ft off the front of property to create Route 9.  The only other level spot for the shed would be where there is an existing septic field.”

Board member Fitzgerald asked about drainage from the garage.  Mr. Navitsky said a swale will be put in when they repave the driveway to capture runoff.

Mr. Fitzgerald also asked where the water is going from the artesian well.  Mr. Navitsky noted that it is only artesian during the spring months.

A motion to close the public hearing at 7:10 pm was made by Martin Fitzgerald and seconded by Lindsay Mydlarz.  Approved.

                                    REGULAR MEETING

The Regular Board Meeting was then called to order by Chairman Robert Goetsch at 7:11 pm.

The Board members introduced themselves: Lindsay Mydlarz, Bill Pittman, George Ianson, Martin Fitzgerald, Robert Goetsch.  ZEO Catherine Clark was also in attendance.

A motion to accept the minutes of the April 24, 2008 meeting was made by Lindsay Mydlarz and seconded by Bill Pittman.  Approved.

OLD BUSINESS: 

1. VAN BUSKIRK (93.19-1-2) 7796 Lakeshore Drive (RC)

Chairman Goetsch read:

The applicant would like to install a 176 sq. ft. patio of pavers with a crushed rock base on a legal nonconforming lot.   The existing house now covers  15.9 % of the lot.  If approved the patio would be a .35 % increase.  A landscape plan has been submitted.

Zoning issues: 160-31 (A) RC percentage of coverage.

A motion to deny the variance was made by Robert Goetsch and seconded by Lindsay Mydlarz.

Mr. Goetsch continued:

There will be an undesirable change in the character of the neighborhood because it is construction within 50 feet of the Lake.

The benefit sought could be achieved by eating inside.

The request is substantial.

Will the variance have an adverse effect on the physical or environmental conditions in the neighborhood.?  The ground cover and the patio will have quite an impact.

Vote: Motion to deny the variance was approved 4-1.  Ayes: Fitzgerald, Ianson, Mydlarz, Goetsch.  Nay: Pittman

2. NAVITSKY (93.19-1-10) 7763 Lakeshore Drive (RC)

Chairman Goetsch read:

The applicant would like to expand and relocate a previously approved garage

( 3-23-06).  They also would like approval for a 96 sq. ft. shed which has been place upon the lot.  This would require relief from a condition placed on the 2006 approval from the Zoning Board of Appeals.  Zoning issues 160-31.  (A)  RC rear and front line setbacks and relief from conditions of approval.

George Ianson recused himself from the deliberation and left the table due to close association with the applicant.

Mr. Goetsch said that the storage above the garage should be adequate to hold anything that might be stored in the shed.

A motion to approve the application, minus approval for the shed, was made by Martin Fitzgerald and seconded by Robert Goetsch, with these conditions:

            Provided there is a grading plan to provide for runoff from the bank

            The garage has a stormwater retention area

            Takes off the little piece of blacktop mentioned.

Mr. Fitzgerald stated:

Will there be an undesirable change produced in the character of the neighborhood or to the detriment of nearby properties? No, have taken away some of the blacktop area.

Can the benefit sought be achieved by another method other than an area variance? No.

Is the request substantial? It is for the lot but we have already improved it once.

Will the variance have an adverse effect on the physical or environmental conditions in the neighborhood.? No, the water from the runoff will be gathered and stop an icing problem on the road.

Was the difficulty was self-created? Yes.

Vote: The application was approved 4-1-0.  Ayes: Mydlarz, Pittman, Fitzgerald, Goetsch  Abstained: Ianson

NEW BUSINESS: None

OTHER BUSINESS:

Bill Pittman reported on the Training Conference held in Hague that he attended.  ZEO Clark mentioned having additional training materials and reminded Board members of the mandatory four hours of training per year.

ADJOURNMENT:

A motion to adjourn was made by Lindsay Mydlarz and seconded by Martin Fitzgerald.  Approved 5-0.  Meeting adjourned at 7:25 pm.