Minutes, News and Notes from the July 19th, 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 hearings to order at 7pm for:
Public Hearings:
Lars Kulleseid Minor Subdivision on Route 22 in Essex, NY: The Applicant is applying for a Minor Sub-division located on a 500± acre lot located on 2503 NYS Route 22 in the Town of Essex, involving Tax Map parcels 40.3-2-13.200; 40.3-2-13.110; 40.3-2-8.112; 40.3-2-7.000.
The Applicant proposes to sub-divide the 500± parcel as follows:
The transfer of 78.41 acres, including residence, barns and other structures, from the present owner to the present lessee/farmers (Mark and Kristen Kimball). The 420± remaining acres will be retained by Applicant.
Mr. Kullseid provided the Board with the updated survey map of the property done by Kevin Hall. The Board still needs a copy of the recorded deed before approval of the permit.
Diane Lansing praised the Kimball’s for their wonderful job in farming the local land. There were no other public comments.
Hearing no further comments, a motion was made by Harold MacDougal and seconded by Jim Van Hoven that this public hearing be closed and the next public hearing opened. The motion carried unanimously.
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 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.
John Klipper and John Durant objected to the Mobile Vending Unit pointing out that this unit will hurt the seasonal businesses in the area and may cause a traffic issue, affecting the health & safety of the community, surrounding the ferry dock.
Steve Maselli does not agree with the Mobile Vending Unit operation stating that there is wording in a deed between LCT and the previous owners of Greystone that sold them the property which states that any living relative is to be consulted if something other than a ferry is being done on the property. The Board has asked Mr. Maseli to bring the deed to their attention, but there is still no proof of any deed. He also worries about the noise that may come from the Mobile Vending Unit. Mr. Jones responded that he does not plan on playing any music while in operation.
Art Morgan believes that the Mobile Vending Unit will hurt his seasonal ice cream business.
Mary Wade stated that she did not think that this Mobile Vending Unit was going to be a problem seeing that people will not just stop at the Mobile Vending Unit and leave town, but they will continue on into town.
Myrna Mandeville worries that the Mobile Vending Unit and its customers will take up important parking spots for the ferry dock use. Mr. Jones responded that he would not take up any important parking spaces.
Susan Prudhomme mentioned that as a business owner, she pays a high premium (insurance, rent, taxes etc) and is concerned that the Jones’ will not pay rent towards town taxes – basically operating for free. She also asked what is preventing him from working on the VT side of the lake, Mr. Jones cited that there is more paperwork that he would have to complete for Vermont.
Tom Stransky asked if merchandise will be sold to just passengers on LCT or/and local traffic. Stransky stated that we already had a traffic problem when the ferry came in and thought that having food sold on the ferry dock or near it could cause more traffic, which could prove dangerous to the many children riding and walking about.
Mr. H. Paige worries that the Mobile Vending Unit will take business from his wife’s shop (Neighborhood Nest) in the town.
Diane Lansing doesn’t think that the Mobile Vending Unit operation is fair to the other business owners in town that have to pay property taxes and rent.
Mark Kimball mentions that if the season of the Mobile Vending Unit was extended it might be better for the people in town. Mr. Jones replied that he only wants to operate the Unit during peak summer season.
Matt Durant fears the traffic caused by extra cars on the dock and on Main Street will force tourists away from town and from seeing sites such as Begg’s Park etc.
Diane Lansing mentions that other LCT ferry docks do not have food or businesses near by, as close as they are in Essex, so the need for a food mobile unit makes more sense elsewhere.
Ben Durant worries about other carts showing up in town and making things crowded.
Myrna says that this happened 10 years ago and didn’t work out well.
Brad Beers sent in a letter to the EPB stating that he would like the Planning Board to deny the application for a mobile vending cart in the village of Essex noting health concerns and a detriment to the general welfare of the community.
Public majority would like to see the Mobile Vending Unit do business on the VT side of lake
Hearing no further comments, a motion was made by Jim Van Hoven and seconded by Michelle Cassidy that this public hearing be closed and the next public hearing opened. The motion carried unanimously.
Rich and Sarah Wight Site Plan Review: The Applicant proposes a site plan review in order to build a new work-shed located on 1877 Lake Shore Road in the Town of Essex, involving Tax Map parcel 49.11-1-51.000.
The applicant has a copy of the new deed and application. There were no public comments or suggestions.
Hearing no further comments, a motion was made by Harold MacDougal and seconded by Michelle Cassidy that this public hearing be closed and the regular meeting opened. The motion carried unanimously.
Regular Meeting:
Roll Call: Present: Joan Stephan, Nick Muller, Mark Walker, Michelle Cassidy, Don Hollingsworth, Jim Van Hoven, Harold MacDougal
Acceptance of the Minutes: A motion was made by Nick Muller and seconded by Jim Van Hoven to accept the June 21, 2007 minutes. The motion carried unanimously.
Report of Zoning Officer: Jim Van Hoven read the report in David Lansing’s absence. See attached report.
Mr. Van Hoven commented in regards to the permits Mr. Lansing has issued; Mark Hall’s garden shed, within Essex hamlet, should have been brought to the attention of the Planning Board and Mr. Van Hoven would like to encourage the Zoning Officer to work with the Planning Board the next time a permit like this is sought.
Mr. Lansing returned to the meeting and remarked that he called the town lawyer in regards to the Hall’s shed saying that since it is not a permanent structure, it was a tough call and a grey area, but he issued the building permit. Mr. Van Hoven asked that next time it seems like a “gray” area, the Planning Board is should be consulted for assistance. Mr. Lansing said that these issues could go to the Zoning Board of Appeals. Chairman Stephan said that a change could be made to fix this “gray” area. Mr. Lansing agreed that resolution must be met in regards to this “gray” area.
Chairman’s Report: Chair Joan Stephan mentioned that the Planning Board received a letter regarding a class on Planning that is being offered in September. As planning board members are required to attain 4 hours of training yearly beginning 1/07 this class could help with that requirement.
David Lansing asked whether PB members would like to have the APA come and run a workshop for the Planning Board and possibly give credit for the workshop. Many Board members voiced interest.
Old Business:
Lars Kulleseid Minor Subdivision on Route 22 in Essex, NY: The applicant applied for a minor subdivision of his property on Route 22 in the Town of Essex, involving Tax Map parcels 40.3-2-13.200; 40.3-2-13.110; 40.3-2-8.112; 40.3-2-7.000. Jim Van Hoven moved and Don Hollingsworth seconded a motion to approve the draft permit, contingent upon timely receipt of items still needed: the executed deed and acceptable final subdivision map representative of the subdivided properties.
The motion to approve and issue the permit contingent on the above was approved unanimously.
Rich and Sarah Wight Site Plan Review: The Applicant was not in attendance during this portion of the meeting as they left after the public hearing. The Applicant proposes a site plan review in order to build a new work-shed located on 1877 Lake Shore Road in the Town of Essex, involving Tax Map parcel 49.11-1-51.000. In order for the applicants to site the shed where they wanted it they combined two adjacent pieces of property so that there would be no issues with the setback requirements.
Harold MacDougal mentioned that he thought the deed was incorrect. Mr. MacDougal commented that the deed should join the 2 parcels/properties into 1 parcel. As it stands now the new deed has two parcels, which can then be sold separately – once again creating a problem with the setback requirements. If this were to occur the shed would already be built and the Zoning Officer would be hard pressed to have them move it at that point, As they were unable to discuss this with the Applicants, the Board could not approve the permit .The Board may require a rewrite of the deed.
A motion was made by Don Hollingsworth and seconded by Jim Van Hoven to not act on this permit due to the application being incomplete. The motion carried unanimously.
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.
After much discussion in regard to the appropriateness, architectural compatibility, overall aesthetics and the historical character of the Mobile Vending Unit, the Board decided that:
·The actual deed between LCT and the previous owners of Greystone must be presented before making any final decisions.
·The Board requires a letter from LCT’s stating that the applicant is permitted to operate the mobile hot dog cart on the ferry dock and explaining their requirements such as location, hours of operation etc.
· LCT would have to be the applicant and would therefore have to sign the permit application for this vending unit and authorize the Jones’ to represent them in front of the Planning Board.
As this type of business is not listed in the zoning as a Permitted Use it was discussed that the vending unit might fall under the Definition of Accessory Use (page 78) to an existing Permitted Use. Board members took a straw poll to determine whether the members of the Board felt that this cart would be an accessory use. Don Hollingsworth & James Van Hoven were opposed to finding that this would be an accessory use to the Ferry business.
The application has not been accepted as complete, as the items above are still required and not yet received.
New Business:
Eddy Foundation: the Eddy Foundation came to the Planning Board in 2005 to subdivide property on Walker Road. At that time the permit was approved pending receipt in a timely fashion of the final subdivision map and the recorded deed with specific wording. The subdivision map was recently given to the Planning Board, but as so much time has passed the Board wants the Eddy Foundation representatives to come to a Board meeting and explain their subdivision plan. The Eddy Foundation will be contacted informing them of their need to come before the planning Board.
The Board will attempt to find and look at the old O’Neil permit which was for the same land to help determine the history of this subdivided land.
Public Comments:
John Durant and Claire LaPine again mentioned that they did not think the vending cart in the Hamlet of Essex was a good idea.
John Durant also mentioned that the ferry dock was often times the first impression visitors had of the town of Essex and he wondered whether a stainless steel hot dog stand was the impression the town had in mind when it created the historic district.
John Durant stated that he was impressed with how the Board handled the meeting and thinks they are doing a great job.
Erin Hall voiced her disappointment in the line of communication between the Zoning Officer and the Planning Board. Erin’s husband, Mark Hall, felt that he was going through proper procedure in going to the Zoning Officer before building anything on his property, however, during the meeting the James Van Hoven commented that a permit for something being built in the hamlet and historic district should come –to the Planning board them as it states in the zoning regulations.
Adjournment: Hearing no further comments, the meeting was adjourned at
9:04 p.m.
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