TOWN OF HAGUE
ZONING BOARD OF APPEALS
DATE: April 23, 2009
PUBLIC HEARINGS:
Chairman Robert Goetsch called the public hearing to order at 7pm.
RIZZA:(43.13-1-22) 28 Bayberry Lane (TR-1) Continues from the March 26, 2009 meeting.
ZEO, Cathy Clark read three letters in support of the Rizza application. Also, George Stanford, President of Cape Cod Associations was also in attendance for the public hearing. Mr. Stanford spoke in favor of the application.
Attorney John Breitenbach was in attendance on behalf of John and Denise Bambach. He stated that the Bambachs are still against the application. Mr. Breitenbach reviewed the previous concerns of the Bambach’s regarding the Rizza application.
Property owner Mike Rizza was also in attendance. Mr. Rizza stated that the plans will not make his house closer to the Bambach’s. He had also stated that privacy is an issue for all residents of Cape Cod Village. Mr. Rizza had his property surveyed and during that survey it was found that the Bambachs driveway is on his property.
At 7:20pm, George Ianson made the motion to close the public hearing. Jon Hanna 2nd the motion.
Roll call: Ayes: Jon Hanna, Bill Pitman, Glenn McKee, George Ianson and Robert Goetsch.
Nays: None
Motion passed 5-0
CALL MEETING TO ORDER:
Chairman, Robert Goetsch called the meeting to order at 7:25 pm.
INTRODUCTION OF BOARD MEMBERS:
Chairman, Robert Goestch, Jon Hanna, Bill Pitman, Glenn McKee, George Ianson , ZEO, Cathy Clark and recording secretary, Kim Coffin.
Absent: Martin Fitzgerald and Lindsay Mydlarz.
APPROVAL OF MINUTES: MEETING OF: March 26, 2009
George Ianson made the motion to approve the minutes. Jon Hanna 2nd the motion.
Roll call: Ayes: Jon Hanna, Bill Pitman, Glenn McKee, George Ianson and Robert Goetsch.
Nays: None
Motion passed 5-0
OLD BUSINESS:
Chairman, Robert Goetsch read the following:
RIZZA (43.13-1-22) 28 Bayberry Lane (TR-1)
The applicants would like to construct a two story addition to a legal non-conforming house. The plans call for the run-off of the structure to drain into existing and proposed flower beds. The property is located within Sewer District #1. APA has returned their Jurisdictional Determination of non-jurisdiction.
Zoning issues: 160-62 More than a 25% increase to a legal non-conforming structure.
160-23 Sideline setbacks
Jon Hanna made the motion to approve the proposed addition, with a stipulation that the location of the addition is not any closer than 10 ft from the property line, making it conforming. Bill Pitman 2nd the motion.
Jon Hanna 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 the setbacks will be in compliance. Also because the neighborhood is favor of the appearance of the building and it will be beneficial to the neighborhood.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No, do not see any other way to expand and still have the same out come.
c. Is the requested variance substantial? Yes.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, the appearance would fit into the exciting neighborhood.
e. Is the alleged difficulty self-created? Yes.
There is also a condition that the storm water plan that Mr. Rizza has submitted must be implemented.
Roll call: Ayes: Jon Hanna, Bill Pitman, Glenn McKee, George Ianson and Robert Goetsch.
Nays: None
Motion passed 5-0
NEW BUSINESS:
Chairman, Robert Goetsch read the following:
NAVITSKY (93.19-1-10) 7763 LAKESHORE DRIVE (RC)
The applicants are requesting a variance of road front setback to erect a 4ft high split rail fence. If approved, the fence will sit 5ft from the front property line. The need for the variance is to provide a safe area for the owner’s daughter to play. Zoning issues 160-52 A (5) Fences over 3’ in height within 20’ of the road side property line.
Chris Navitsky was in attendance. He provided the board with pictures of the property.
George Ianson made a motion to schedule the applicant on next month’s agenda. Glenn McKee 2nd the motion.
Roll call: Ayes: Jon Hanna, Bill Pitman, Glenn McKee, George Ianson and Robert Goetsch.
Nays: None
Motion passed 5-0
None
ADJOURNMENT:
George Iason made a motion to adjourn. Jon Hanna 2nd
the motion.
Roll call: Ayes: Jon Hanna, Bill Pitman, Glenn McKee, George Ianson and Robert
Goetsch.
Nays: None
Motion passed 5-0
Meeting adjourned at 7:50pm
Respectfully submitted by:
Kim Coffin, Recording Secretary