TOWN OF HAGUE

ZONING BOARD OF APPEALS

MINUTES

DATE: OCTOBER 23, 2008

 

 

PUBLIC HEARINGS: Opened at 7:00pm

 

Chairman Goetsch read the following hearing notice:  Publish date: July 17, 2008, Post Star

1. KOSSBIEL (12.14.-1-21)  9651 Lakeshore Drive  (OC I) (Continue from 8-28-08 ZBA meeting) 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.”

 

No one spoke in favor or against the application.

 

Chairman Goetsch read the following hearing notice: Publish date: October 22, 2008 Post Star

2. 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”

 

George Stafford of Cape Cod Village Association said that the club had approved the 2nd Story addition, but did not know about the deck addition.  Their bylaws do not restrict decks.

 

ZEO Clark read two letters against the deck addition that were received from Barbara Manley and Barbara Keis.

 

The hearings were closed at 7:11pm

 

CALL MEETING TO ORDER:  

The meeting was called to order at 7:11pm

 

INTRODUCTION OF BOARD MEMBERS:

Chairman Robert Goetsch, Lindsay Mydlarz, George Ianson and Martin Fitzgerald, II

Absent: Bill Pitman and Glenn McKee

Also in attendance: ZEO Cathy Clark and Recording Secretary, Kim Coffin.

 

 

APPROVAL OF MINUTES: MEETING OF: SEPTMBER 25, 2008

            Mydlarz made motion to approve the minutes, Ianson   seconded the motion. The motion passed 4-0 vote.

 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.

 

George Ianson read the Variance determination:

 

 a.       Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties?   No, because remains the same as existing structure, except for the deck.

 

b.        Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No, the neighbors have been involved with the application and the only way to create deck is to grant variance.

 

c.        Is the requested variance substantial? No, the neighborhood is congested.

 

d.       Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, compared to what their dealing with now, there will be no further adverse impact.

 

e.       Is the alleged difficulty self-created?  Yes, they knew what they were buying.

 

George Ianson made the motion to approve the application.  Goetsch added that the walkway and staircase should be no wider than 4 feet in width.  Mydlarz second the motion.

Roll call Vote:

            Ayes: Robert Goetsch, Lindsay Mydlarz, George Ianson and Martin Fitzgerald, Vote: 4-0, Motion passed.

 

2. 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.  This structure is connected to Sewer District #1.

 

Zoning issues: 160-23 A. frontline setback & 160-62 A. More then a 25% increase of Sq. Ft. to a nonconforming structure

Warren County: No County Impact

 

Comments from the board regarding the application were as follows:

1)      Fitzgerald- the attic space on the proposed drawing should be considered a bedroom due to the windows and the size.

2)      Ianson- Deck increases non compliance of a nonconforming structure, codes prohibit it.

 

Ianson read the Variance determination:

 

a.       Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties?   Yes, deck will increase noncompliance of the structure, making a noncompliance structure more noncompliant.

 

b.        Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? Second story no, deck yes, deck is the reason for noncompliance.

 

c.        Is the requested variance substantial? Yes, second story and deck increases area to more than 25%.  Deck is noncompliant.

 

d.       Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, won’t change the storm water flow of the area.

 

e.       Is the alleged difficulty self-created?  Yes, condition existed at the time of purchase.

 

 

Fitzgerald added that a storm water plan be submitted and implemented.

Ianson made the motion to approve the second story, but not the deck addition, with the condition of storm water prevention, Mydlarz seconded the motion.

 

Roll call vote:

            Ayes: Robert Goetsch, Lindsay Mydlarz, George Ianson and Martin Fitzgerald, Vote: 4-0, Motion passed.

 

NEW BUSINESS:

None

 

OTHER BUSINESS:

Training:  The board decided to conduct in house training at their November 20th meeting.

 

ADJOURNMENT:

            Mydlarz made the motion to adjourn at 7:32 pm Ianson 2nd.

Roll call vote:

            Ayes: Robert Goetsch, Lindsay Mydlarz, George Ianson and Martin Fitzgerald

 

 

Respectfully submitted by:

Kim Coffin

Recording Secretary