05-31-2017 Planning Board Meeting Minutes



Call to Order: Linda Bond-Clark called the May 31st 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, Frederick Wilbur, and Josh Downing present. James Searles and 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

Basis for Consideration

Variance for Lot Size:

  • The variance requested is 60%.

  • Approximately 16% of the property is covered by existing structures.

  • Approximately 19% of the property would be covered by structures if the variance is granted.

  • This variance was granted in 2012.

Reduction of distance from western property line:

  • The variance requested is 50%.

  • The proposed building would be 10 feet from the property line.

  • The proposed building would be 26 feet from the house currently on the property.

  • The fire collapse area is 2.5 times the height of the building.

  • The residents to the west both signed the petition objecting to granting the variance.

  • There will be approximately 20 feet between the proposed building and the neighbor’s house.

  • The fire hydrant is 14 feet diagonally from the proposed building and is 5 to 7 feet in front of the proposed building.

  • The proposed building is a storage building which would contain power tools and gasoline.

  • The proposed building would be north east of the neighbor’s house not parallel to it.

  • The planning board has approved and disapproved variances similar to this one.

Distance from Road:

  • The variance requested is less than 50%.

  • 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”.

  • The proposed building would be 27 feet from the road.

  • The proposed building could be damaged by the town accidentally plowing snow past the snow post.

Distance from Lake:

  • The variance requested is 66%

  • The proposed building would be 21 feet from the break wall.

  • The proposed building would be 34 feet from the high water-mark as it appears on applicant’s survey and said high-water mark is also the applicant’s northerly boundary as per deed and survey.

  • Local Law #2 of 2001 section 5.61, subsection B, Subsection 1, states “No lot width or area shall be reduced to less than fifty percent those required by the district regulations:. Although this portion of the local law does not specifically reference variance from setbacks, it evidences an intent in conformity with case law that variances of any kind in excess of 50% should not be granted.

General considerations:

  • The applicants cleared the lot after purchase and made all decisions as to the location of all structures currently on the property.

  • The property was purchased after Local Law #2 of 2001 was enacted.

  • All structures currently on the property were built after Local Law #2 of 2001 was enacted.

  • A petition has been submitted signed by 42 neighbors objecting to granting the variance.

  • The applicants built a 2 car garage when they built all of the improvements on the property.

  • The maximum height of the proposed building is 16 feet at the peak.

  • The size of the proposed building is 18 feet by 28 feet.

Special Meeting: Motion by Kathy Phelps, second by Fred Wilbur, to hold a special meeting on June 7th at 7:00 to review amendments to the application as suggested by the board. Linda Bond-Clark, Aye; Josh Downing, Aye; William Calderone, Aye; Patricia Parkhurst, Aye; Kathy Phelps, Aye; Fred Wilbur, Aye. Carried.


Adjournment: Meeting adjourned at 9:21 by motion of William Calderone, second by Patricia Parkhurst. Unanimously carried.


Respectfully submitted,

Debra J. Allen

New Haven Planning Board Secretary