Minutes, News and Notes from the June 21st, 2007 Planning Board Meeting:
you may also get full, approved copies of the minutes
by visiting the Town Hall
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Call to Order: Chair Joan Stephan called the public hearing to order at 7pm for:
Robert and Patricia Rowe Minor Subdivision on Jersey Street: The applicants are applying for a Minor Subdivision located on 149 acre parcel located on Jersey Street in the Town of Essex, involving Tax Map parcel 39.3-1-17.111 currently owned by the Applicant as described in deeds recorded on December 26, 1998 in Book 1131, Page 24 in the Essex County Clerk’s office. The applicant proposes to subdivide the 149 acre parcel as follows:
Lot A being the portion of the property located on Jersey Street. This lot would have an area of approximately 141 acres, with approximately 3,160 feet fronting on Jersey Street. The property has no improvements at the current time. The Applicant would retain this lot. No new construction is proposed on this lot.
Lot B located on Jersey Street would have an area of 7.33± acres, with approximately 420 feet fronting on Jersey Street. The Applicant proposed to convey this property to new owners for the purpose of their combining it with a one-acre parcel with a mobile home that they already own.
Mr. Rowe presented the plans. Amanda Perez asked if the Rowe’s had gone through the proper procedures to satisfy the APA and Mr. Rowe said he had. There were no other public comments.
Hearing no further comments, a motion was made by Nick Muller and seconded by Don Hollingsworth that the public hearing be closed and the regular meeting opened. The motion carried with board members voting as follows:
Harold MacDougal, Absent
Nick Muller, Yes
Michelle Cassidy, Yes
Don Hollingsworth, Yes
Mark Walker, Yes
Jim Van Hoven, Yes
Joan Stephan, Yes
Regular Meeting:
Roll Call: Present: Joan Stephan, Nick Muller, Mark Walker, Michelle Cassidy, Don Hollingsworth, Jim Van Hoven. Absent: Harold MacDougal
Acceptance of the Minutes: A motion was made by Nick Muller and seconded by Don Hollingsworth to accept the May 17, 2007 minutes. The motion carried unanimously.
Report of Zoning Officer: Jim Van Hoven read the report in David Lansing’s absence. See attached report.
Chairman’s Report: Chair Joan Stephan discussed how the Planning Board received a letter in regard to noise at the Old Dock Restaurant. She explained that the Planning Board does not have any jurisdiction over noise and those complaints should be directed to the Zoning Officer and the Town Board. Steve Maselli and Amanda Perez both voiced concern in regards to the jurisdiction and authority of the Planning Board in regards to the noise ordinance of the town. Chair Joan Stephan reiterated to send all complaints to the appropriate people; the Zoning Officer and the Town Board.
Chair Joan Stephan received paperwork for the Rich and Sarah Wight property that was on the agenda for the April 2007 meeting; Nick Muller asked to discuss this case after New Business, as they were not on the agenda for this month.
Old Business:
Robert and Patricia Rowe Minor Subdivision on Jersey Street: Jim Van Hoven moved and Michelle Cassidy seconded a motion to approve the draft permit to subdivide property on 1712 Jersey Street into two lots: Lot A consisting of 141 acres, with approximately 3,160 feet fronting on Jersey Street; and Lot B located on Jersey Street with an area of 7.33± acres, and approximately 420 feet fronting on Jersey Street. (Tax Map # 39.3-1-17.111)
The motion to approve and issue the permit was approved unanimously.
Lars Kulleseid Minor Subdivision on Route 22 in Essex, NY: Mr. Kulleseid provided the Board with names of the neighbors within 500 feet of property, the current deed and a “limited survey” of the property. The Board referred Mr. Kullseid to the Tax Collector or/and the APA for further help in regards to taxes on his property. The applicant sent restrictions applicable to the property to the APA. The Board still needs the new deed before approval.
Don Hollingsworth moved and Nick Muller seconded that the application be deemed complete. The motion carried unanimously.
The Planning Board conducted a SEQRA review of the project. Upon completion Nick Muller moved and Mark Walker seconded a motion to issue a negative SEQRA declaration on the project. The motion passed unanimously.
Don Hollingsworth moved and Jim Van Hoven seconded a motion that a public hearing on the project be scheduled for the Planning Board’s July 19, 2007 meeting. The motion carried unanimously.
New Business:
Craig and Teddi Jones Special Use Permit/ Mobile Vending Food Unit: The applicants are applying for a Special Use Permit to operate a mobile hot dog cart in Essex on and near the Lake Champlain Transportation Dock. The applicant stated that Lake Champlain Transportation has given the Jones’ permission to operate on their dock, however, no documentation was provided. The applicants propose to operate the unit mainly on weekends but possibly weekdays too. The Jones’ provided a picture of the unit and the list of neighbors within 500 feet of use of the cart.
Chair Joan Stephan had previously spoken with the lawyer for the Planning Board and was told that this vending unit is not an allowed use under the town Zoning Law. The Board suggested that under the definition of our Accessory Use of an existing business, the Applicant might be able to operate on the Ferry Dock upon the Board receiving the proper Contract paperwork from Lake Champlain Transportation.
The Board will determine if this unit, in any location, is appropriate for the Historic District at the next Board meeting.
Nick Muller suggested that the applicants could go to the Zoning Board of Appeals for a variance if they are not satisfied with the outcome from the Planning Board.
The Applicants asked how they could get a permit for Essex Day and other town holidays, the Board directed them to contact Essex Initiatives, the Fire Department and the Town Clerk.
Nick Muller moved and Jim Van Hoven seconded that the application be deemed complete subject to the documentation from Lake Champlain Transportation. The motion carried unanimously.
The Planning Board conducted a SEQRA review of the project. Upon completion Don Hollingsworth moved and Mark Walker seconded a motion to issue a negative SEQRA declaration on the project. The motion passed unanimously.
Don Hollingsworth moved and Michelle Cassidy seconded a motion that a public hearing be scheduled for the Planning Board’s July 19, 2007 meeting. The motion carried unanimously.
Old Business Not on Agenda
Rich and Sarah Wight Site Plan Review: As the earlier submitted application indicated, the Applicants want to construct a new work-shed. At that time the applicants were advised that the shed would land on a property line and would therefore not have the required set backs, and a number of possibilities were suggested: the shed be moved away from the property line; as they own two adjacent parcels, that they do a boundary line adjustment or combine the two lots. The Applicants are here today with combined properties and side setbacks are met. The applicant has a copy of the new deed and application.
Don Hollingsworth moved and Jim Van Hoven seconded that the application be deemed complete. The motion carried unanimously.
The Planning Board conducted a SEQRA review of the project. Upon completion Don Hollingsworth moved and Michelle Cassidy seconded a motion to issue a negative SEQRA declaration on the project. The motion passed unanimously.
Jim Van Hoven moved and Don Hollingsworth seconded a motion that a public hearing be scheduled for the Planning Board’s July 19, 2007 meeting. The motion carried unanimously.
Public Comments:
Regarding the Mobile Vending Unit Project, Steve Maselli stated that he believes that the owners of Greystone must approve any things done on the ferry dock based on a deed held between Greystone and Lake Champlain Transportation. The Board asked Mr. Maselli to bring the actual deed to their attention as soon as possible.
Josh Schwartzberg asked the Board how he should proceed in changing the use of a residential home in the Essex hamlet, that he is under contract to buy, to a medical office. The Board directed Mr. Schwartzberg to Dave Lansing to secure a Change of Use permit and help with the application. The Board said that the Zoning Officer would tell Mr. Schwartzberg if there were any other agencies that he needed to contact in reference to his case.
Amanda Perez recommended to the Board that they obtain a copy of information that Governor Pataki’s office had published. Ms. Perez did not have the actual packet with her or know it’s title, but suggested that all Board members read it when possible, as it is a good guide to implement town law. Ms. Perez also mentioned that she would bring the packet to the Town Boards’ attention.
Adjournment: Hearing no further comments, the meeting was adjourned at
8:36 p.m.
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