06-07-2017 Planning Board Meeting Minutes

NEW HAVEN PLANNING BOARD MEETING HELD JUNE 7, 2017

 

Call to Order: Linda Bond-Clark called the June 7th 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, and Josh Downing present. Robert Parkhurst absent

 

James & Marilyn Kovarik Variance: 298 Shore Oaks, Tax map # 080.19-02-01, Seasonal storage building 10 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

  • 10 feet from western property line

  • Less than 50 feet from road

  • Less than 100 feet from the lake

Comments:

Allen Baldwin

  • Showed information from the “Soil Survey of Oswego County, New York” showing the property is not sand.

  • Stated that there would be an impact to the neighbors in the loss of light coming in there windows and loss of view.

Marilyn Kovarik:

  • Stated that the calculations used to figure the percent of the property covered were incorrect and gave the following figures.

    • The current coverage is 12.5%

    • The requested building coverage would be and additional is 2.5%

    • The total coverage if the variance is granted would be 15%

  • Stated that the Local Law does not reference the fire collapse area.

  • Stated that the variance granted by the planning board for a unrelated application on May 18, 2017 to allow an addition 15 feet from the property line does not mention fire collapse as a consideration.

  • Stated that the petition was carried by more than one party and that they misrepresented the project to the people being asked to sign the petition.

  • Stated that the petition was not legal because it was submitted outside of the public comment period and the signatures were not on the same page as the information in the petition. The applicant also submitted additional information that was not submitted prior to or during the public hearing.

  • Stated that the May31st minutes misstated the area the town is allowed to plow snow onto their property. The May 31st minutes have been corrected to say “The Town has the right, granted by court order, to “seasonally access a portion of the Kovariks’ property that is approximately Twenty-five feet in width from the southwesterly boundary of the property to the current location of the Stop Sign, solely for the purpose of plowing excess snow during winter””.

  • Stated that section 5.69 of Local Law #2 excludes subdivisions from residential setback requirements.

  • Stated that they had met with the McAuleys prior to submitting the application and the McAuleys had no objection.

  • Stated that they had met with the McAuleys after the May 31st meeting and asked them why they had signed the petition rather than coming to them to work something out and were told by Jack McAuley that they were pressured by 6 or 7 parties to sign the petition and he got tired of the pressure and finally gave in and signed it.

Jack McAuley:

  • Stated that he had no problem with the project when the Kovariks first explained it to him in 2016, but that he thought the “shed” was going to be much smaller.

  • Stated when the Kovariks asked him why he had signed the petition they were insulting to him and he finally asked them to leave his property.

Executive Session: Motion by Frederick Wilbur, second by James Searles to enter into executive session at 8:55 to confer with the Attorney for the Town. This session falls under attorney client privilege. Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Aye; Patricia Parkhurst, Aye; Kathy Phelps, Aye; James Searles, Aye; Fred Wilbur, Aye. Carried. Motion by James Searles, second by Kathy Phelps to come out of executive session and re-enter regular session at 9:04. Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Aye; Patricia Parkhurst, Aye; Kathy Phelps, Aye; James Searles, Aye; Fred Wilbur, Aye. Carried. No decisions were made in executive session.

Comments:

Joe Corbett:

  • Stated that the variance for less than 100 feet from the lake is irrelevant because a 50 foot vegetative buffer is required.

  • Stated that it would be literally impossible for the Town to plow to the pole without pushing snow beyond it.

  • Stated that section 1.8 of Local Law #2 of 2001 says “ When, in the opinion of the Planning Board, undue individual hardship may result from strict compliance with these regulations, the Planning Board may modify or waive these regulations so that substantial justice may be done and the public interest secured; provided that such modification or waiver will not have the effect of nullifying the intent and purpose of these regulations”.

  • Stated that the lot was never intended to be a building lot and the applicants should have bought a larger lot.

Allen Baldwin:

  • Stated that the statements made about the petition and the pressure put on people to sign it are hearsay.

  • Said that the % of coverage should be premeasured by someone other than the applicant.

  • Stated that the location of the Town road has moved over time.

Additional Considerations:

  • No attorney for the Town was present when the 2012 variance was granted.

  • The Attorney for the Town does not believe that we are bound by an incorrect decision.

  • Property titles go to the high-water line. Every case is different.

  • The Army Corps of Engineers uses the high-water mark for regulatory and permit use. The Army Corps of Engineers Reference Map as referenced own survey map herein before referred to states “ Per US Army Corps of Engineers, for regulatory and permit use, Ordinary High Water Elevation of Lake Ontario is 247.3 feet based on IGLD 1985”

  • It was the opinion of the Attorney for the Town, that the area at Shore Oaks was not a subdivision and therefore section 5.69 of Local Law #2 of 2001 does not apply.

Reading of Resolution: Motion by Fred Wilbur, second by Kathy Phelps, to ask the secretary to read the “Resolution Approving Variance Application of James & Marilyn Kovarik With Modification”. Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Aye; Patricia Parkhurst, Aye; Kathy Phelps, Aye; James Searles, Aye; Fred Wilbur, Aye. Carried.

Approval of variance Application with Modification: Motion by James Searles, second by Kathy Phelps to accept the attached “Resolution Approving Variance Application of James & Marilyn Kovarik With Modification”. Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Nay; Patricia Parkhurst, Aye; Kathy Phelps, Aye; James Searles, Nay; Fred Wilbur, Abstained. Carried.

Adjournment: Meeting adjourned at 9:16 by motion of James Searles, second by Frederick Wilbur. Unanimously carried.

 

Respectfully submitted,

Debra J. Allen

New Haven Planning Board Secretary