ZONING BOARD OF APPEALS
Draft Minutes
DATE: SEPTMBER 25, 2008
1. KOSSBIEL (12.14.-1-21) 9651 Lakeshore Drive (OC I) Tabled until survey is ready.
“The Town Of Hague Zoning Board of Appeals will conduct a public hearing on Thursday, September 5, 2008, beginning at 7:00pm in the Hague Community Center, 9793 Graphite Mountain Road, Hague, New York to consider the following Variance request:
2. GUERRIER-HINTZE (25.2-1-28) 157 West Hague Road (OC-1)
The applicants would like to build an addition to an existing house that sits 54 feet from a brook. If approved the addition would sit 44’ from the brook. Due to a medical condition the applicants need a bedroom and bath on the first floor. Zoning issue: 160-50 shoreline setback.
The records regarding the above project are available for review at the Hague Community Center, 9793 Graphite Mountain Road, Hague, NY. Persons wishing to appear at such hearing may do so in person, by attorney, or other representative. Communications may be filed with the Town of Hague Zoning Enforcement Officer or the Zoning Board of Appeals. Written comments must be received by September 18, 2008.”
PUBLIC HEARINGS:
Opened at: 7:00 pm
Cathy Clark read the following:
1. KOSSBIEL (12.14.-1-21) 9651 Lakeshore Drive (OC I)
The applicant is requesting a Variance for sideline setback and percentage of coverage so he may install a 14’ x 22’ open deck to the front of a house and a 54 sq. ft. walkway with stairs, mostly over an existing cement staircase, to provide two means of egress from the current structure.
This application has been tabled until survey is ready.
2. GUERRIER-HINTZE (25.2-1-28) 157 West Hague Road (OC-1)
The applicants would like to build an addition to an existing house that sits 54 feet from a brook. If approved the addition would sit 44’ from the brook. Due to a medical condition the applicants need a bedroom and bath on the first floor.
Zoning issue: 160-50 shoreline setback.
No one spoke in favor or against this application.
Hearing closed at 7:03pm
CALL MEETING TO ORDER:
Meeting opened at 7:03pm
INTRODUCTION OF BOARD MEMBERS:
Acting Chair, Glenn McKee, Lindsay Mydlarz, George Ianson & Bill Pittman. Absent: Robert Goetsch, Martin Fitzgerald, II, and one vacancy. Also in attendance: ZEO Cathy Clark, newly appointed Recording Secretary, Kim Coffin & Judy Stock.
APPROVAL OF MINUTES:
MEETING OF: August 28, 2008 Lindsay Mydlarz moved to approve the minutes as presented, Ianson 2nd the motion.
Vote to approve 4-0.
OLD BUSINESS:
1. KOSSBIEL (12.14.-1-21) 9651 Lakeshore Drive (OC I)
The applicant is requesting a Variance for sideline setback and percentage of coverage so he may install a 14’ x 22’ open deck to the front of a house and a 54 sq. ft. walkway with stairs, mostly over an existing cement staircase, to provide two means of egress from the current structure.
Zoning issues: 160-27 A. percentage of coverage and sideline setback
Warren County: No County Impact
Planning Board Recommendation:
The Planning Board recommends that the ZBA approve the application with the facts that it is a reasonable application, has the concurrence of the neighbor, and no great impact on the zoning codes. The motion passed 6-0.
The Zoning Board of Appeals at their August 28, 2008 meeting requested the property to be surveyed so they may visually see the south sideline.
This application is tabled until survey is ready.
Cathy Clark read the following:
2. GUERRIER-HINTZE (25.2-1-28) 157 West Hague Road (OC-1)
The applicants would like to build an addition to an existing house that sits 54 feet from a brook. If approved the addition would sit 44’ from the brook. Due to a medical condition the applicants need a bedroom and bath on the first floor.
Zoning issue: 160-50 shoreline setback.
Discussion of board members regarding Guerrier-Hintze application were as follows:
1.) There is no County impact.
2.) There is evidence of old the old structure. The concrete from the old structure will be removed.
3.) It was also recommended that gutters be installed.
Lindsay Mydlarz made a motion to approve the application, Pittman 2nd the motion.
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties? “No detrimental change to the character of nearby properties. It will be an improvement.”
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? “ No, due to lot layout. There aren’t any other feasible options. The proposed addition is further away from the brook then the original foundation.”
c. Is the requested variance substantial? “Yes, it is a 77% increase in the living space.”
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? “No, no detrimental effect to physical or environmental condition. Will be an improvement , there was a new septic system installed this pass July.”
e. Is the alleged difficulty self-created? “Yes, but due to hardship.”
Roll call vote:
Ayes: Lindsay Mydlarz, George Ianson, Glenn Mckee & Bill Pittman.
Vote to approve 4-0.
NOTE:
After the Andes application was discussed, the Board returned to the Guerrier-Hintze application. Mydlarz, made a motion to include erosion control measures to be installed to the structure as a condition of approval. McKee 2nd the motion.
Roll call vote:
Ayes: Lindsay Mydlarz, George Ianson, Glenn McKee & Bill Pittman.
Vote to approve 4-0.
NEW BUSINESS:
Cathy Clark read the following:
1. ANDES (43.13-1-38) 35 Bayberry Lane (TR-1)
The applicants would like to add a partial second story 959 sq. ft.(491 sq. ft. of living space) & and 12’x 15’ deck to a non conforming house.
Zoning issues: 160-23 A. frontline setback & 160-62 A. More then a 25% increase of Sq. Ft. to a nonconforming structure
Discussion of board members regarding Andes application where as follows:
1) Half of the proposed 2nd story is for storage.
2) Property is located at Cape Cod Village. Committee of the Cape Cod Village Assn. approved plans.
3) ZEO Clark mentioned a 1993 variance approval to this structure.
4) No conditions, variance granted, increase in size.
5) Structure well away from lake.
George Ianson made the motion to deem the application complete. Mydlarz 2nd the motion.
Roll call vote:
Ayes: Lindsay Mydlarz, George Ianson, Glenn McKee & Bill Pittman.
Vote to approve: 4-0.
NOTE:
George Ianson made a comment that “This is the 4th addition of this kind in Cape Cod. Why doesn’t Cape Cod change it’s regulations? Because this something we are going to see again. Small cottages are expanding and has no bearing on us (Planning Board).”
A site visit was scheduled for Oct. 1, 2008 at 4:30pm. The Andes were present and gave permission to the Board for the visit. A hearing was scheduled for October 23, 2008.
ZEO Clark spoke about possible training options. She asked if the Board would like to meet and review the power point presentation that the Department of State has prepared. The Board felt it was an option they would like to pursue. It was also mentioned that on line training is available at: www.nypf.org
ADJOURNMENT:
At 7:25pm, Ianson made the motion to adjourn the meeting. Mydlarz 2nd the motion.
Roll call vote:
Ayes: Lindsay Mydlarz, George Ianson, Glenn McKee & Bill Pittman.
Vote: 4-0.
Respectfully submitted,
Kim Coffin, Recording Secretary