APPROVED
PLAN COMMISSION
December 3, 2009
Members Present: Ray Knapp, Jan Cuccia, Joe Duerre, David Wolf, Mark Mitchell
Members Absent: Paul Mahler, Bob Rolle
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Tom Kigin, Charlie Macdonell, Ron Burton
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
Minutes of the November 6, 2009 Plan Commission were
reviewed. Jan Cuccia asked to replace
the words "is in" on line two of item number two with the words
"appears to be in". Members of
the commission agreed.
Jan Cuccia
moved to approve the minutes of the November 6 Plan Commission. Mark Mitchell seconded. Motion passed, all in favor.
2. Building Permits/Utility Permits;
Building permits were reviewed. It was noted that there was one permit for a
new home. Ray Knapp asked for
information on the refund for Brent Lother.
Sharon Weide explained that Mr. Lother had previously asked for an
exception to design standards for a side setback and was unable to have the
neighboring property encumbered by a deeper setback, and subsequently withdrew
his request for a building permit. There
were no utility permits.
3. Riverway permit/public hearing – Steve Gianoli,
Rob Jones reviewed the application for the Plan
Commission. The applicant has two
requests. The first is a permit for
reconstruction of a stairway. He
reminded the commission that it was determined during the October meeting that
the stairs were required to provide access to a principal structure and
therefore, they are would be considered
part of the principal structure. He added
that the reconstruction would be in the same footprint and would be allowed
under Section 171-L.3.
The second request is to replace an existing wooden
tie retaining wall with a concrete block wall.
The wall will be no higher than 28 inches and will not exceed 12 feet in
length. He added that the applicant has
specified in the application the size and location of the retaining wall, the
materials to be used, and has stated that the construction will comply with
manufacturer's specifications, as asked for during the concept review.
Mark Mitchell asked if the building inspector will
require more detailed plans for the stairway.
Rob answered that the building inspector will require the same plans and
specifications for the stairway that would be required of any other builder.
Ron Burton, representing Steve Gianoli, said that he
has been in contact with the building inspector about the requirements and is
aware of what the conditions are. Jan
Cuccia asked if the engineer was satisfied with the submitted plans, based on
the scope of the project. Rob Jones said
that because of the size of the retaining wall detailed plans should not be
required.
The Plan Commission then discussed whether the applicant
had met the requirements set forth in the Riverway Ordinance.
Ray Knapp opened the public hearing on the proposed
recommendation for a riverway permit for Steve Gianoli at
Jan Cuccia
moved that the Plan Commission recommend to the Town Board to issue a riverway permit to Steve Gianoli, at 276 Cove
Road, for reconstruction in a non-conforming area, to replace the existing
stairway and the existing wood retaining wall, taking into consideration that
the Plan Commission has determined that the stairway is required to provide
access to the principal structure and should be considered part of the principal
structure and taking into consideration that this project is not a detriment to
the preservation of the view and the use of the river, the maintenance of safe
and healthy conditions, prevention and control of water pollution, that the
location of the site in respect to floodways, flood plains, slope preservation zones,
and bluffline, taking into consideration the erosion potential of the site, the
impact on terrestrial and aquatic habitat, the location of the site in respect
to existing or future roads, the adequacy of the proposed wastewater treatment,
and the compatibility with adjacent land uses.
David Wolf
seconded. Motion passed, all in favor.
Ray Knapp explained to Mr. Burton that this project
will go before the Town Board next Thursday and that the board will take the recommendation
of the Plan Commission into consideration.
4. Riverway review/public hearing for construction in a conforming area
& reconstruction or expansion in a non-conforming area – Tom & Donna
Kigin,
Rob Jones said that the Kigins had come before the
Plan Commission in August for a concept review. The proposed project consists
of the expansion of a conforming principal structure. During the August meeting the commission was
concerned with the slopes on the entire lot and whether they would be
considered slope preservation zones. He
also reviewed the information that was deemed necessary for a complete riverway
application.
Mr. Kigin has since had his property surveyed. Rob drew the commission's attention to attachment
A of the application packet. This
attachment is a scale drawing of property with the existing house, deck, hot
tub and addition documented. Rob
explained that the drawing also indicates the 200 foot ordinary high water mark
(OHWM) setback and the 40 foot setback from the bluffline as previously requested. Based on that drawing, he said that it
appears the applicants are looking to expand their home slightly into the 200
foot OHWM setback. If that is the case
it would not be allowed without a variance.
He went on to say that if the applicant would be able to modify the
addition so that it did not encroach on the OHWM setback it would be approvable
without a variance.
Members of the Plan Commission reviewed Attachment
A. It was clarified that even if the
house had been a non-conforming structure a variance would still be required if
there were to be expansion toward the river.
Additionally, it was determined that the hot tub (with a foundation) would
be considered a non-conforming structure since it does encroach on the OHWM
setback.
Tom Kigin said that he was relieved to find out that
the 40 foot setback from the bluffline was going to be met but surprised at the
determination of the OHWM setback. He
went on to say that his plan is to move the hot tub towards the rear of the
structure and reiterated that the deck will be removed and replaced with the
addition. He asked the Plan Commission
for their opinion of whether or not he should request a variance. Ray Knapp explained the application process
for a variance, but offered no opinion as to the route the applicant should
take. Jan Cuccia said that one of the
conditions of a variance is that the applicant needs to prove hardship.
Mr. Kigin said they have not hired an architect yet
as they wanted to understand where their buildable footprint existed before
plans were drawn. He did not want to
spend money on architectural drawings that would not be approved. He stated that he would be willing to reconfigure
the addition so that it does not encroach on the OHWM setback.
Ray Knapp confirmed that the applicant would like
the Plan Commission to consider this project as if all of the addition were
behind the 200 foot OHWM setback. Mr.
Kigin said yes. Joe Duerre asked the
town engineer how the OHWM is determined.
Rob Jones explained and added that he was comfortable with the methods
used in this application.
Ray Knapp opened the public hearing for a river way
review for reconstruction or expansion in a conforming area for Tom and Donna
Kigin,
The Plan Commission then completed a final review of
the specifics of the application, the
erosion control methods to be used, and the vegetation plan.
Jan Cuccia
moved that the Plan Commission recommend to the Town Board approval of a
riverway permit for expansion of a principal structure in a conforming area for
Tom and Donna Kigin, 201 Glenmont Road, taking into consideration, and
contingent on, that the applicant has agreed to revise their plans and that all
construction will be beyond the 200 foot ordinary high water mark and will not
infringe upon it and that the applicant has submitted all information requested
during the concept review and that the Plan Commission has discussed the
following and finds no reason to not approve it: the preservation of the view
and use of the river, the maintenance of safe and healthful conditions, the
prevention and control of water pollution, the location of the site in respect
to floodways, flood plains, slope preservation zones, and blufflines, the
erosion potential of the site, the impact on terrestrial and aquatic habitat,
the location of the site in respect to existing or future roads, the adequacy
of proposed wastewater treatment, and the compatibility with adjacent land
uses, that upon the County approval of the septic system that that be provided
to the town. Joe Duerre seconded. Motion passed all in favor.
Ray Knapp reviewed for the applicant what that the Town
Board will need to approve this proposal.
The applicant was also reminded that he agreed to move the hot tub into
the conforming area as part of the plan.
Mr. Kigin agreed to bring a marked up drawing to the Town Board
depicting the modified location of the home addition.
5. Committee Reports & correspondence;
Ray Knapp reported that Teens for Christ has asked
to put up a large tabernacle display for a few months next summer. It will be a large tent like structure that
will likely be temporarily spotted outside of their setbacks. He added that Teens for Christ has agreed to
contact all of their neighbors for input and that they have applied to
Jan Cuccia asked when the Allison application for an
after-the-fact permit for reconstruction of a deck would be heard. Rob Jones said that he has been in touch with
the applicants and that this will probably come before the commission in
January or February.
6. Adjourn;
Jan Cuccia
moved to adjourn the meeting at 8:02 PM.
David Wolf seconded, motion passed, all in favor.