TOWN OF HAGUE
ZONING BOARD OF APPEALS
Minutes of
DATE: May 28, 2009
PUBLIC HEARINGS:
Chairman, Robert Goetsch called the public hearing to order at 7pm.
NAVITSKY (93.19-1-10) 7763 LAKESHORE DRIVE (RC)
Nobody spoke against the Navitsky application.
Property owner, Christopher Navitsky was in attendance and provided the Zoning Board members with a sketch of his proposed fence line.
ZEO, Cathy Clark read a letter dated May 28, 2009 from Mr. Navitsky.
At 7:05pm Jon Hanna made the motion to close the public hearing. Glenn McKee 2nd the motion.
Roll call: Ayes: Jon Hanna, Glenn McKee, George Ianson, Martin Fitzgerald and Robert Goetsch.
Nays: None
Motion passed: 5-0
CALL MEETING TO ORDER:
Chairman, Robert Goetsch called the meeting to order at 7:06pm.
INTRODUCTION OF BOARD MEMBERS:
Chairman, Robert Goetsch, Jon Hanna, Glenn McKee, Martin Fitzgerald, II, George Ianson, ZEO, Cathy Clark and recording secretary, Kim Coffin.
Absent: Bill Pitman and Lindsay Mydlarz.
APPROVAL OF MINUTES: MEETING OF: April 23, 2009
George Ianson made the motion to approve the minutes. Jon Hanna 2nd the motion.
Roll call: Ayes: Jon Hanna, Glenn McKee, George Ianson, Martin Fitzgerald and Robert Goetsch.
Nays: None
Motion passed: 5-0
OLD 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 4 foot high split rail fence. If approved, the fence will sit 5 feet 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.
George Ianson made the following statement:
“My wife is employed by the Navitsky’s and I do not believe, that in this issue, I would have no difficulty in reaching a impartial and fair discussion so I am not going to recuse myself.”
George Ianson made the motion to approve the variance request, with the condition that the southern fence portion will not be erected until a work permit is approved by the NYS DOT. Jon Hanna 2nd the motion.
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, the fence is a spilt rail fence and will not be unattractive.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No, other construction would be more intrusive.
c. Is the requested variance substantial? No, because it is a standard fence.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, other than the Southern section of the fence will need approval from the NYS DOT.
e. Is the alleged difficulty self-created? Yes, because it needed to be corrected when the property was purchased.
Roll call: Ayes: Jon Hanna, Glenn McKee, George Ianson, Martin Fitzgerald and Robert Goetsch.
Nays: None
Motion passed: 5-0
NEW BUSINESS:
There was no new business at this time.
There was no other business at this time.
ADJOURNMENT:
At 7:10pm Martin Fitzgerald made the motion to adjourn. Jon Hanna 2nd the motion.
Roll call: Ayes: Jon Hanna, Glenn McKee, George Ianson, Martin Fitzgerald and Robert Goetsch.
Nays: None
Motion passed: 5-0
Respectfully submitted by:
Kim Coffin, Recording Secretary