05-18-2017 Planning Board Meeting Minutes

NEW HAVEN PLANNING BOARD MEETING HELD MAY 18, 2017

 

Call to Order: Linda Bond-Clark called the May 17th meeting to order at 7:00 p.m. at the New Haven Town Hall. Roll call: Linda Bond-Clark William Calderone, Patricia Parkhurst, Kathy Phelps, James Searles, Frederick Wilbur, Josh Downing and Sherrie Sitch present. Robert Parkhurst absent

Public Hearings:

Barbara & Kyle LaTray Variance Application: 20 Shore Oaks West, Tax map # 080.15-01-33, Addition 15 feet from property line and less than 100 feet from the lake on less than 1.5 acres.

Comments from Public: There were no members of the public present for this matter.

Close Public Hearing: Having no comments from the public, the public hearing was closed at 7:05.

 

Alan Bassette Variance Application: Nine Mile Pt Rd., Tax map # 096.00-01-16.03, Instillation of Mobile home on a 60 foot wide parcel.

Comments from Public:

Terry Ware: expressed concerns including:

  • The property is next to his.

  • The property is only 60 feet wide and a mobile home should not be put on it.

  • The property is only good for hunting.

  • The property was purchased at the county auction.

  • The auctioneer repeatedly advised people to know what they were buying.

  • He and others did not bid on the property because the road frontage was not sufficient to do anything with.

Cheryl Lawton:

  • Was surprised that this was even being considered.

  • She showed a copy of the book from the county auction showing the property to be auctioned.

Jim Lawton: expressed concerns including:

  • Codes are there for a reason.

  • He asked if there is room for a septic system on the property.

  • Does not believe the property is even 60 feet wide.

  • A septic system needs to spread out.

  • There is a creek in the back of the property.

Myron Martin: expressed concerns including:

  • Asked if the setbacks were met on both sides.

Marisa Tabor: expressed concerns including:

  • Asked about parking

  • The applicant is currently parking alongside the road creating a safety hazard.

  • The applicant is turning around on a neighbor’s lawn.

  • When they built their home they had to follow all of the codes.

Justin Tabor:

  • A code is a code.

Jim Searles:

  • The applicant knew it was only 60 feet wide when he bought it.Answer to concerns:

  • The

Answer to concerns:

  • Everyone has a right to ask for a variance and the planning board has to consider it. Not all variances are granted.

  • The total lot size is 17.85 acres.

  • An old deed says the property is 60 feet wide.

Close Public Hearing: Having no further comments from the public, the public hearing was closed at 7:26.

 

Open Regular Session: Linda Bond-Clark called the regular session of the planning board to order at 7:26.

Barbara & Kyle LaTray Variance Application: 20 Shore Oaks West, Tax map # 080.15-01-33, Addition 15 feet from property line and less than 100 feet from the lake on less than 1.5 acres.

Variances to be Considered:

  • Less than 1.5 aces

  • 15 feet from western property line

  • Less than 100 feet from the lake

Basis for Consideration:

  • The project does not infringe on rights-of-way on the property.

  • The project meets the setback requirement from the road.

  • The project meets the setback requirement on the western side of the property.

  • The variance on the eastern side is to put the building 15 feet from the property line.

  • The eastern setback is less than a 50% variance

  • The project is 80 feet from the lake, which makes it less than a 50% variance.

  • It is not in an erosion zone.

  • It is consistent with the character of the neighborhood.

  • Letters have been submitted from the immediate neighbors on each side in support of the project.

  • The applicants did not own the property prior to the law being passed. It was purchased in December of 2015.

  • The property has been unaffected by the flooding that is currently going on around the lake.

  • They are currently hooked up to the municipal water.

  • The project will not block the view of the lake from the neighbors.

  • The current structure is two stories.

  • The addition will not be higher than the current structure.

  • Building a smaller addition is undesirable because the end of the addition towards the lake is a glass sitting area that will allow them to enjoy the lake.

Approval: Motion by James Searles, second by Fred Wilbur, to approve the variance application of Barbara & Kyle LaTray to build an addition on 15 feet from the property line and less than 100 feet from the lake on less than 1.5 acres. Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Aye; Patricia Parkhurst, Aye; Kathy Phelps, Aye; James Searles, Aye; Fred Wilbur, Aye. Carried.

 

Alan Bassette Variance: 20 Shore Oaks West, Tax map # 080.15-01-33, Addition 15 feet from property line and less than 100 feet from the lake on less than 1.5 acres.

Variance Needed:

  • Road Frontage

Basis for Consideration:

  • The applicant’s daughter will occupy the residence.

  • The project meets all setback requirements.

  • The project meets the setback requirement on both sides of the property.

  • The property is 60 feet wide at the road and to a depth of 600 feet at which point it expands to 380 Feet

  • The property is 17.85 acres.

  • There is plenty of room for a septic system.

  • Applicant will be hooking to municipal water.

  • The nearest residence is 75 feet from the property line.

  • This will be the only residence on the property.

  • The applicants did not own the property prior to the law being passed.

  • The road frontage is approximately 33% of the required 200 feet.

  • The variance requested is 70%.

  • The road frontage is 140 feet less than required.

  • The property is not exempt from the lot size restrictions as it does not meet the requirement of Section 5.62 of Local Law #2 of 2001. The lot was not held in separate ownership from adjoining land at time of adoption of this ordinance.

  • The parcel was split after the local law was passed and is therefore not exempt from the requirements of the law.

  • The property was subdivided and made less than conforming on October 29, 2007 and recorded by instrument #R-2007-014377.

Denial: Motion by Fred Wilbur, second by Kathy Phelps to deny the variance application of Alan Bassett to place a mobile home on a property with 60 feet of road frontage. The decision is based on:

  • The property does not meet the frontage on public street requirements of section 5.67 of Local Law #2 of 2001.

  • The property does not fall within the exemptions of section 5.62 of Local Law #2 of 2001, because it was not held in separate ownership until October of 2007, which is after the enactment of the Town’s local law.

  • The request is a 70% variance.

  • During the public hearing, 7 residents spoke, all opposed to granting the variance.

Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Aye; Patricia Parkhurst, Aye; Kathy Phelps, Aye; James Searles, Aye; Fred Wilbur, Aye. Carried.

 

Adjournment: Meeting adjourned at 8:18 by motion of James Searles, second by Frederick Wilbur. Unanimously carried.

 

Respectfully submitted,

Debra J. Allen

New Haven Planning Board Secretary