TOWN OF HAGUE
ZONING BOARD OF APPEALS
DATE: January 28, 2010
PUBLIC HEARINGS:
Acting Chairman Martin Fitzgerald called the public hearing to order at 7:00pm.
ZEO, Cathy Clark read the following:
MANN (43.13-1-20) 34 Bayberry Lane (TR-1)
The applicant would like to expand an existing deck. If approved the deck would sit 42’ from Jenkins Brook.
Zoning issue: 160-50 Shoreline setback
ZEO, Cathy Clark stated that the public hearing notice was published in the Post Star newspaper on January 18, 2010. Mrs. Clark also stated that she received the projects review from the Warren County Planning Board on January 21, 2010. The review states no county impact.
No one spoke in favor or against the application.
Jon Hanna made a motion to close the public hearing at 7:05pm. George Ianson 2nd the motion.
Roll Call Vote:
Ayes: Martin Fitzgerald, Bill Pittman, Lindsay Mydlarz, George Ianson and Jon Hanna.
Nay: None
Motion passes 5-0
CALL MEETING TO ORDER:
Acting Chairman, Martin Fitzgerald called the meeting to order at 7:06pm
INTRODUCTION OF BOARD MEMBERS:
Acting Chairman,Martin Fitzgerald, Bill Pittman, Lindsay Mydlarz, George Ianson, Jon Hanna and ZEO, Cathy Clark.
Absent: Glenn McKee and Robert Geotsch
APPROVAL OF MINUTES: MEETING OF: December 17, 2009
Jon Hanna made a motion to approve the minutes of December 17, 2009 with correction of the spelling of Bill Pittman’s last name. Lindsay Mydlarz 2nd the motion.
Roll Call Vote:
Ayes: Martin Fitzgerald, Bill Pittman, Lindsay Mydlarz, George Ianson and Jon Hanna.
Nay: None
Motion passes 5-0
OLD BUSINESS:
ZEO, Cathy Clark read the following:
MANN (43.13-1-20) 34 Bayberry Lane (TR-1)The applicant would like to expand an existing deck. If approved the deck would sit 42’ from Jenkins Brook.
Zoning issue: 160-50 Shoreline setback
Jon Hanna stated that after the site review he saw no determental effect.
George Ianson made a motion to approve the application with the condition that the deck remains an open deck, no roof, walls or any future enclosure can be added without first going back to the Zoning Board for their approval. Jon Hanna 2nd the motion.
George Ianson made a motion to approve the application with the above mentioned condition and read the Variance Determination as follow:
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties?
No. The proposed structure sets further back from the stream then the existing structure.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No. This is not a major change.
c. Is the requested variance substantial? No. It is relatively small in size.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?
No. It conforms with the small configurations of the structures and decks in Cape Cod village.
e. Is the alleged difficulty self-created? Yes.
Roll Call Vote:
Ayes: Martin Fitzgerald, Bill Pittman, Lindsay Mydlarz, George Ianson and Jon Hanna.
Nay: None
Motion passes 5-0
NEW BUSINESS:
Acting Chairman, Martin Fitzgerald read the following:
JANKOSKI ( 42.12-1-20) 2 Lake Forest Lane (TR-1)
The applicant is applying for an after-the-fact approval for a multi-family dwelling. The owners have made a basement apartment in a single family home on a .33 acre lot. If the ZBA approves the variance request a Type II site Plan Review will be required.
Zoning issue: 160-56 Multi-family dwelling & 160-23 TR-1 (2) (a)
The applicants David and Elizabeth Jankoski attend the Zoning Board meeting.
ZEO, Cathy Clark stated that the applicants have been cooperating with her to obtain a variance.
ZEO, Cathy Clark reviewed the application with the Zoning Board members. Mrs. Clark also stated that in 2004 a County CO was issued on the property. The applicants stated that the basement is the same as it was in 2004 at the time of the inspection by the County..
Concerning facts are as follows:
1) The original permit application was for a single family dwelling and did not include a finished basement.
2) Multi-family dwellings on a .33 acre lot are not permitted by the zoning codes.
3) The hardship was self created.
4) The kitchen in the basement is still considered a kitchen even with the stove removed.
George Ianson made a motion to deem the application complete and schedule a public hearing for January 25, 2010 Zoning Board meeting. Jon Hanna 2nd the motion.
Roll Call Vote:
Ayes: Martin Fitzgerald, Bill Pittman, Lindsay Mydlarz, George Ianson and Jon Hanna.
Nay: None
Motion passes 5-0
Martin Fitzgerald stated that he and George Ianson were working with the Code Committee to modify the existing Zoning Codes.
ADJOURNMENT:
At 7:25 pm Lindsay Mydlarz made a motion to adjourn. Martin Fitzgerald 2nd the motion.
Roll Call
Ayes: Martin Fitzgerald, Bill Pittman, Lindsay Mydlarz, George Ianson and Jon Hanna.
Nay: None
Motion passes 5-0
Respectfully submitted by:
Kim Coffin
Recording Secretary