TOWN OF HAGUE

ZONING BOARD OF APPEALS

 

JANUARY 22, 2009

TIME: 7:00 PM

 

CALL MEETING TO ORDER:

 

Acting Chairman, Martin Fitzgerald called meeting to order at 7:00pm.

 

PUBLIC HEARINGS

 

Jon Hanna made a motion to open public hearing, George Ianson 2nd the motion.

Acting Chairman Martin Fitzgerald read the following:

 

O’LEARY (26.10-1-21) 24 Spring Lane (TR-1R)

The owner is requesting a variance for a 13’ 6” x 26’ 6” deck addition to a nonconforming structure. The existing house and proposed deck sits approximately 30’ from Lake George.

Published date: January 7, 2009 in The Post Star

 

No one spoke fore or against the O’Leary application.

Jon Hanna made a motion to close public hearing, Lindsay Mydlarz 2nd the motion.

Roll call vote to close the hearing 7:06 pm Ayes: Martin Fitzgerald, II, Lindsay Mydlarz, George Ianson, Bill Pittman, and Jon Hanna.

Nay: none

Motion passed

 

INTRODUCTION OF BOARD MEMBERS:

 

Acting Chairman, Martin Fitzgerald, Jon Hanna, Lindsay Mydlarz, George Ianson,

Bill Pittman.

Also present ZEO, Cathy Clark and recording secretary Kim Coffin

            Absent: Chairman, Robert Goetsch and Glenn McKee

APPROVAL OF MINUTES: MEETING OF: December 18, 2009

Bill Pitman made a motion to approve minutes, George Ianson 2nd the motion.

Roll call vote to approve minutes Ayes: Martin Fitzgerald, II, Lindsay Mydlarz, George Ianson, Bill Pittman, and Jon Hanna.

Nay: none

Motion passed

 

OLD BUSINESS:

Acting Chairman, Martin Fitzgerald read the following

O’LEARY (26.10-1-21)  24 Spring Lane (TR-1R)The owner is requesting a variance for a 13’ 6” x 26’ 6” deck addition to a nonconforming structure. The existing house and proposed deck sits approximately 30’ from Lake George.

An  APA Jurisdictional Determination J2008-800 has been returned.

Zoning issues: 160-50 B (b) Shoreline setback

 

Jon Hanna made the motion to accept/approve the application with conditions

 

Jon Hanna then 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, there are no undesirable changes that would be detrimental.   

 

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 a rock ledge and the sideline setback there is no other place for a deck

 

c.        Is the requested variance substantial? No, it doesn’t seem to be.

 

d.       Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?  Because of its location, there is very little impact that the neighborhood would see.  Also, there are surrounding trees and a boathouse, therefore I saw no detrimental or adverse effects.

 

e.       Is the alleged difficulty self-created?  No, the difficulty naturally predates the ownership.  The slope of the land is creating it.

 

Conditions by the board are as follows:

Basement vent must be removed; underside of deck can not be used for storage. an evergreen screening must be planted on the lakeside of the deck, disturbed soils must be restored at the completion of the deck, silt fencing must be installed and maintained during construction, and no roof can be added to the deck in the future without going back to the Zoning Board for their approval.

 

 

 

 

O’LEARY (26.10-1-21)  24 Spring Lane (TR-1R) continued:

           

Lindsay Mydlarz 2nd the motion.

Roll call vote Ayes: Martin Fitzgerald, II, Lindsay Mydlarz, George Ianson, Bill Pittman, and Jon Hanna.

Nay: none

Motion passed

 

                 

NEW BUSINESS:

 

                  There was no new business.

 

OTHER BUSINESS:

  1. ZEO request for ZBA determination:  Under 160-61 Gifts, devises & inheritance & 150-2 Definitions SUBDIVISION would the minimum shoreline lot width (160-50 Shorelines B (c) 1 ) apply?

 

The determination of the Board was that subdivisions that qualify for Gifts, devises & inheritance would be exempts from having to meet the minimum shoreline width.

 

  1. The Town Board has decided to pay the ZBA and Planning Board twice annually.

 

The pay dates now will be July 1st and December 31st.

 

 

  1. APA New Regulations & LGPC Stream Corridor Management Regulations

 

ZEO, Cathy Clark reported on the APA informational meeting held in Bolton Landing on Jan. 14th.  The board reviewed the power point handout.  The board then discussed the proposed LGPC Stream Corridor regulation.  The ZEO asked for comments to be submitted prior to Feb. 28, 2009.

 

 

 

ADJOURNMENT:

 

            George Ianson made the motion to adjourn, Bill Pittman 2nd the motion.

Roll call vote Ayes: Martin Fitzgerald, II, Lindsay Mydlarz, George Ianson, Bill Pittman, and Jon Hanna.

Nay: none

Motion passed

 

Respectfully submitted by:

Kim Coffin, Recording Secretary