TOWN OF HAGUE
ZONING BOARD OF APPEALS
MINUTES OF:
AUGUST 27, 2009
PUBLIC HEARINGS
At 7 pm, Chairman Robert Goetsch opened the hearing. He read the notice for Corbo.
1. CORBO (26.6-1-8) 36 Forest Bay Road (TR-1R)
The applicant is applying for a variance to construct a 5 x 32 walkway/deck to the lake side of an existing cabin, which currently sits 44 from the lake.
Mr Corbo stated that the point is not to have a walkway but a work area for painting and washing windows because of the steepness of the area in front of the house. For safety reasons more room is needed to put a ladder.
Mrs. Corbo stated that the first big improvement they made in the house was to put in the new windows on the front. Every two weeks the windows need to be washed but because of the slope it is difficult.
No other comments were made and no letters were received.
Chairman Goetsch read the notice for Burkle.
2. BURKLE (76.12-1-11) 41 Tower Point Rd. (Hamlet S-R)
The applicant would like to place a 10 x 18 storage shed 15 from the front line setback.
No comments were made orally or received by letter.
Jon Hanna moved and Lindsay Mydlarz seconded a motion to close the public hearing.
The motion was approved with all members in favor and the public hearing closed at 7:07 pm.
REGULAR MEETING
Chairman Goetsch then called the regular meeting to order and introductions were made. Those present were Cathy Clark, ZEO; Chairman Robert Goetsch and Board members Jon Hanna, George Ianson, Lindsay Mydlarz and Bill Pittman. Board members absent were Glenn McKee and Martin Fitzgerald, II.
The Board unanimously approved the minutes of the July 23, 2009 meeting of the ZBA as printed on a motion from Jon Hanna and a second by George Ianson.
OLD BUSINESS:
1. CORBO (26.6-1-8) 36 Forest Bay Road (TR-1R)
The applicant is applying for a variance to construct a 5 x 32 walkway/deck to the lake side of an existing cabin, which currently sits 44 from the lake. The applicant received approval for a 14 x 22 screened porch, with a fireplace, over an existing flagstone patio from the Planning Board on August 6, 2009 with the condition that it not become living space in the future.
Zoning issues: 160-50 B (b) Shoreline setback
George Ianson noted that we have a zoning ordinance and have to stick by it. Maybe the applicant could put in some temporary planking. Once a walkway is put in it can appear to be a deck. The porch is within 50 ft from the Lake and approval would make it more non-conforming.
Robert Goetsch said that a variance is for a hardship not for maintenance.
There was no recommendation from the Planning Board on this application.
George Ianson made a motion to deny the variance. Lindsay Mydlarz seconded it.
George read the Considerations for an Area Variance:
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties?
No, It is not an undesirable change but it is an infraction of
the zoning code.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance?
Yes, temporary planking might be possible and it is for maintenance
not a hardship.
c. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?
Yes, it will have an adverse effect because it is against both Adirondack Park and Town zoning setbacks.
d. Is the alleged difficulty self-created?
Yes, when they got the house it was there and it still creates the problem.
e. Is the requested variance substantial?.
Yes, against both Adirondack Park and Town zoning setbacks.
Votes: Aye: Pittman, Mydlarz, Ianson, Hanna, Goetsch.
Nay: none
The motion passed, 5-0, and the variance was denied.
It was noted that a temporary walkway would not need a variance and Mr. Corbo could check further with the ZEO.
2. BURKLE (76.12-1-11) 41 Tower Point Road (Hamlet S-R)
The applicant would like to place a 10 x 18 storage shed 15 from the front line setback. On Aug 6, 2009, the Planning Board approved the shed placement within 100 feet of the lake.
Zoning issue: 160-22 A frontline setback
George Ianson made and Jon Hanna seconded a motion to grant the variance.
George read the Considerations for an Area Variance:
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties?
No, the proposed area has been used as a parking area for many years, so the ground is already compacted and cleared of vegetation.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance?
No, it is a storage shed and will be as far from the Lake as it can get.
c. Is the requested variance substantial?
Yes, but it is a storage shed and is substantial but not major.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?
No, not even in very clear sight of neighbors,
e. Is the alleged difficulty self-created?
Yes, same conditions when bought it but is correcting for more storage space.
Votes: Aye: Pittman, Mydlarz, Ianson, Hanna, Goetsch.
Nay: none
The motion passed, 5-0, and the variance was approved.
NEW BUSINESS:
1. Commons (26.10-1-37) 31 Commons Way (TR-1R)
The applicant is requesting a variance for a 2 lot subdivision of a 3.48 acre parcel. If approved lot one will consist of 1.1 acre with 80 feet of shoreline and lot two will consist of a 2.38 acre parcel with 120 feet of shoreline. Both prospective lots currently have a cabin on them and will be connected to the Town Sewer system. Due to the placement of the existing cabins the required 100 of shoreline for lot one is prohibited.
Zoning Issue: 160-50 Shoreline B (c)
Subdivision: 150-6 & 150-24
Bill Commons appeared and noted that the variance is needed because for 100 feet instead of 80 feet of shoreline, the boundary would go through one of the cabins.
This application will be on the agenda for next month. The Planning Board will be invited for a joint hearing on September 24, 2009. A site visit will be set for September 10th, at 6:00 pm.
Lindsay Mydlarz made and Bill Pittman seconded a motion to adjourn. All voted yes.
The meeting adjourned at 7:35 pm.
Respectfully submitted,
Judy Stock,
Acting Recording Secretary