TOWN OF HAGUE ZONING BOARD OF APPEALS HAGUE, NEW YORK 12836 MINUTES OF: February 27, 2014 7:00pm PUBLIC HEARINGS: 1. ROBINSON (25.1-1-1.11) 378 West Hague Road (OCI) VAR 01-14 The LGPC submitted their determination that a Storm Water Permit would be required for the additional 320 sq. ft. addition. ZEO Clark read the Warren County recommendation of No County Impact. ZEO Clark read referral from the Hague Planning Board: Bruce Clark made a motion, Judy Gourley seconded, that the planning board has no issues with this project and recommends approval, as this is already a non-conforming lot in an extremely non-conforming neighborhood, but all effort should be made to keep the evergreen tree north of the house. 2. PHINNEY (60.13-1-8) 47 Red Fox Lane (TRI) VAR 02-14 ZEO Clark read referral from Arcady Board: The Arcady Bay Assn. Board has no objection to this roadside property variance. ZEO Clark read the referral from the Planning Board. Mike Cherubini made a motion, Judy Gourley seconded, to recommend approval for this project. ZEO Clark read the referral from the Warren County Planning Board – The proposed project is consistent with local built surroundings. Staff recommends no county impact. A motion to close the Public Hearing was made by Jon Hanna at 7:03 pm and 2nd by Lindsay Mydlarz. All members present voted aye. CALL MEETING TO ORDER: Chairman Goetsch called the meeting to order at 7:03pm. INTRODUCTION OF BOARD MEMBERS: Board members Jon Hanna, Linda Mury, Chris Navitsky, Lindsay Mydlarz, Robert Goetsch, ZEO Cathy Clark and recording secretary Janet Hanna introduced themselves. Ray Snyder and Maureen Cherubini were absent. APPROVAL OF MINUTES OF: Chris Navitsky moved and Jon Hanna seconded a motion to approve the minutes of January 23, 2014. All voted aye. ZBA Minutes of: 2-27-14 1 OLD BUSINESS: 1. ROBINSON (25.1-1-1.11) 378 West Hague Road (OCI) VAR 01-14 The applicants would like to replace/add to an existing non conforming garage. He will be removing two existing sheds. As a result the addition will result in a 380 sq. ft addition to the lot coverage. Zoning issue 160-28 A. Front line setback. Chris Navitsky questioned whether the building could be located somewhere else on the property in compliance with the code. ZEO Clark stated that this location was chosen because the roadside wall of an existing shed will be used in new construction, this is the most level area of the property, and it cannot be moved farther from the road due the brook behind it. LGPC will need to approve the storm water retention. Chris Navitsky made a motion to grant the requested variance. a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties? No. This could be viewed as an improvement due to the removal of the run down sheds and the building will house the outboard motors. b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? Not without creating addition hardship due to the slope and the brook. Higher elevation locations have no electricity and have additional slope issues. a. Is the requested variance substantial? Moderately, but is maintaining with existing setback. b. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, there will be a benefit of cleaning up the site and using storm water retention. c. Is the alleged difficulty self created? No, because the existing setback building that is not compliant and he is maintaining that setback. Jon Hanna added that the setback matches other properties in the neighborhood and he seconded the motion. Roll Call Vote: Ayes: Robert Goetsch, Chris Navitsky, Jon Hanna, Lindsay Mydlarz and Linda Mury. Motion passed 5-0. 2. PHINNEY (60.13-1-8) 47 Red Fox Lane (TRI) VAR 02-14 The owners would like to remove an existing carport and replace it with a new two bay garage. The frontline setback of the existing carport is -1’4”from the front property line and the proposed garage frontline setback will be 3’6”. Zoning issue: 160-23 A. Front line Setback ZBA Minutes of: 2-27-14 2 Phinney continues: Chris Navitsky questioned the height of the retaining wall. There is an existing timber wall which will be replaced with stone. At roadside the height is a little above grade, from the Garage level it is 4’. It was determined that the regulation of a wall less than 20’ from the roadbed must not exceed 3’ in height does not apply here. Chris Navitsky asked Mr. Phinney if the garage could be placed in a conforming location. Mr. Phinney stated that he wanted to keep garage detached due to fumes from the garage and it also allows for a better areas for rain garden and storm water plans. Mr. Phinney is looking for a LEED Certification. Chris Navitsky made a motion to grant the requested variance. a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties? No. The proposed project will actually increase the front setback which will be a benefit and more conforming. There is a history of similar setbacks in 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, not without being detriment to the property. The applicant looked at other options, but this was the best option for rain gardens and a LEED Certification... c. Is the requested variance substantial? Yes, moderate but has no impact on the neighborhood. d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, the front yard setback is greater than the existing. Storm water management will be installed. e. Is the alleged difficulty self created? Yes, but no negative impact on the variance. Chris suggested that a condition that storm water management be implemented as part of the variance. Jon Hanna seconded the motion. Roll Call Vote: Ayes: Robert Goetsch, Chris Navitsky, Jon Hanna, Lindsay Mydlarz and Linda Mury. Motion passed 5-0. NEW BUSINESS: 1. HMELOVSKY (43.13-1-13) 8 Anchor Way (TRI) VAR 03-14 The owners would like to replace an existing nonconforming house with a new modular home. Zoning issues: 160-62 A. more than 25% increase of the square footage of a nonconforming structure & 160-23 A. percentage of coverage & possibly frontline setback. Hmelovsky continues: ZBA Minutes of: 2-27-14 3 ZEO Clark read the referral from the Planning Board. Bruce Clark made a motion, Judy Gourley seconded, that the planning board has no issues with this project and recommends approval, as this is already a non-conforming lot in an extremely non-conforming neighborhood, but all effort should be made to keep the evergreen tree north of the house. ZEO Clark read the referral from the Warren County Planning Board – issues appear to be of a local nature involving local issues without significant impacts to County properties or resources. Staff recommends no county impact. ZEO Clark stated that the LGPC has returned a determination of no jurisdiction due to the area of disturbance. Jon Hanna deemed this application complete and put on the agenda next meeting, seconded by Lindsay Mydlarz. Site visit scheduled for 3-12-14 at 4:00pm Public hearing scheduled for March 27, 2014 at 7:00pm 2. MANSOUR (93.16-1-37) 44 Sabbath Day Pt. Rd (TR-IR) VAR 04-14 The applicant has installed a 6’ privacy fence along the west side of their house/driveway without first obtaining a Variance. They are now applying for Variance approval for the fence. Zoning issue: 160-52 B. Fences. residential properties. Jon Hanna recused himself due to the fact that he is a neighbor and occasionally works for the applicant. Chris Navitsky deemed this application complete and put on agenda for next meeting, seconded by Robert Goetsch. All voted aye. A Site visit was scheduled for 3-12-14 at 4:00pm A Public hearing was scheduled for March 27, 2014 at 7:00pm OTHER BUSINESS: 1. Hacker Boat Company/Morgan Marine (93.8-1-25) 8 Delaware Ave. (TRI) At the Feb. 24, 2013 Zoning Board of Appeals meeting the Board extended the time for the reconstruction of a boat storage building that was destroyed by snow load (February 2007) for one year from the date of February 14, 2013. Due to setback in its construction George Badcock of Hacker Boat Company is requesting an extension of time to complete the reconstruction of the building until June 14, 2014. Zoning issue: 160-64 C. Destruction of nonconforming structures Hacker Continues: ZBA Minutes of: 2-27-14 4 John Breitenbach stated that the extension is needed to due to the weather, but that the steel is in Albany and should be delivered soon. He stated that the temperature needs to be above 30 degrees for the building to be constructed. Jon Hanna made a motion to extend the completion date to June 14, 2014. Lindsay Mydlarz seconded the motion. Roll Call Vote: Ayes: Robert Goetsch, Chris Navitsky, Jon Hanna, Lindsay Mydlarz and Linda Mury. Motion passed 5-0. ADJOURNMENT: A motion was made by Jon Hanna, seconded by Robert Goetsch to adjourn the meeting 7:55 pm. All voted aye. Respectfully submitted, Janet Hanna Secretary ZBA Minutes of: 2-27-14 5