Minutes, News and Notes from the August 16th, 2007 Planning Board Meeting:
you may also get full, approved copies of the minutes
by visiting the Town Hall
- - - - - - - - -
Call to Order: Chair Joan Stephan called the meeting to order at 7pm.
Regular Meeting:
Roll Call: Present: Joan Stephan, Nick Muller, Mark Walker, Michelle Cassidy, Jim Van Hoven, Absent: Harold MacDougal, Don Hollingsworth
Acceptance of the Minutes: A motion was made by Nick Muller and seconded by Jim Van Hoven to accept the August 16, 2007 minutes as amended. 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 noted that Mr. Lansing attended the Monday, Essex Planning Board pre-meeting to discuss upcoming projects.
Chairman’s Report: Chair Joan Stephan discussed the need to organize the EPB files and asked members of the Essex Planning Board to volunteer to help with the reorganization Jim Van Hoven offered his help when it is needed.
Old 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 the Lake Champlain Transportation Dock. The applicant was not in attendance at the meeting.
A motion was made by Nick Muller and seconded by Jim Van Hoven to table this project until the applicants are present. 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. 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 rather than move the shed back the required 20’. In the previous Board meeting, 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. Chair Joan Stephan told the Wights that as the current deed is stated, the parcels are still 2 parcels. The Board fears that the property can be easily subdivided in the future with this deed. The Board recommended that a statement be added to the bottom of the current deed with a stipulation stating that the owners of these parcels cannot subdivide. Mr. Muller would like a sentence added to the deed stating that it “cannot be divided”. A motion was made by Nick Muller and seconded by Jim Van Hoven to issue a permit to the Wights contingent on the condition that the deed is amended via the sentence the Board has recommended. The motion carried unanimously.
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 asked the Eddy Foundation representatives to come to a Board meeting and explain their subdivision plan. Lauren Murphy was in attendance on behalf of the Eddy Foundation. Ms. Murphy explained to the Board that they wanted to subdivide their property in order to sell 34.17 acres to an adjoining landowner, Jesse Owens. Lauren informed the Board that they will sell the land to Mr. Owens without building rights and that they currently have an APA permit for the subdivision of the property. Mr. Muller asked if the Eddy Foundation had already sold the property to Mr. Owens and Ms. Murphy said that they were waiting for the Board’s approval. Mr. Muller said that the Board would be violating the Board’s rules if they did not ask the Eddy Foundation to renew their proposal and go back through proper procedural process. Ms. Murphy protested that since the Eddy Foundation came before the Planning Board in 2005, before the new Zoning Laws, they should be in the clear. Ms. Cassidy questioned why it had taken the Foundation two years to follow through on this process.
Ms. Stephan would like the new deed for this property to state “no building rights” as this is what was presented in the application, and the Board requires that they receive a copy of the APA permit.
A motion was made by Nick Muller and seconded by Jim Van Hoven to approve and reinstate the original permit set forth in 2005 because the contingencies have been met two years later. The motion carried unanimously.
A motion was made by Jim Van Hoven and seconded by Mark Walker to approve this new permit contingent upon the requested changes to the deed. The motion carried unanimously.
New Business:
Michael and Cynthia Pratt, Alvin and Linda Hyde Boundary/Lot Line Adjustment: Cynthia Pratt was present. The applicant is applying for a Boundary/ Lot Line Adjustment involving Tax Map parcels #48.3-1-19.200, 48.3-1-27.100 and 48.3-2-6.200, consisting of 10± acres of land, 50± feet of which they would like to give to Mr. Hyde so his trailer is on his own property and meets setbacks. A motion was made by Nick Muller and seconded by Jim Van Hoven that the application be deemed complete. The motion carried unanimously. A motion was made by Nick Muller and seconded by Jim Van Hoven to waive a public hearing. The motion carried unanimously. A motion was made by Nick Muller and seconded by Mark Walker to draft a permit with the contingency that the Board receives the recorded deed when the transaction is complete. The motion carried – 4 votes for, 1 opposed.
Kathleen Ginn and Patricia Tivnan Site Plan Review:
The applicant is applying for a Site Plan Review located in the Crater Club involving Tax Map parcel #49,11.1-34.100. The applicant would like to tear down their existing home and replace it with a new log cabin home. Ms. Ginn sent a letter to the APA informing them of her project, they told Ms. Ginn that this project is not of their concern (did she get a non-jurisdictional letter from them? . The property is in R2 as well as the Lakeshore Overlay district. As R2 Requires 1 acre, and the lot size is 27827 square feet, so the lot is nonconforming. Nick Muller moved and Mark Walker seconded that the application be deemed complete. The motion carried unanimously. The Planning Board conducted a SEQRA review of the project. Two negative issues came up in regards to the historic preservation aspect of the site. According to Lauren Murphy a member of the Echo Board, the site is noted to be a Burnham house. Mr. Muller recommended that the Board defer to a negative SEQRA declaration on this project until after the Public Hearing next month. Nick Muller moved and Jim Van Hoven seconded a motion that a public hearing on the project be scheduled for the Planning Board’s September 20, 2007 meeting. The motion carried unanimously. The Board reminded the applicant that even though David Lansing issues the demolition permits, the applicant cannot act on that permit until they get the building permit from the Board. Ms. Murphy said that she would bring any plans that ECHO has on this particular historic building to the next Public Hearing.
OTHER
Planning Board Information Packet With the help of the Board, Mr. Van Hoven has compiled, a packet of information that is user friendly for incoming applicants to meet the requirements of the Planning Board for each type of permit application. Mr. Van Hoven would like copies of these documents, once approved, to be located: at Town Hall, with David Lansing, on the Town of Essex Internet site and sent to local builders, architects and the APA. Major Sub-division, Signage and Boundary Line adjustment drafts have yet to be written.
Mr. Van Hoven would also like a letter to be sent to each Essex resident explaining the contents of this packet.
Mr. Van Hoven thanked the Board for all of their help in compiling the documents.
Nick Muller moved and Mark Walker seconded that the Board issue a series of guidelines to the various actions applicants may seek and that it promulgate those as suggested in Mr. Van Hoven’s July 26, 2007 memorandum recognizing that from time to time based on law and experience these guides may need modification, and in addition authorize the Chair of the Board or the Chair designee to initiate the process. The motion carried unanimously.
Public Comments:
In response the possible demolition of the Ginn property Mr. Van Hoven and Chair Stephan researched demolition in Schedule A and the zoning regulation and found the following: in Section 3.1-9-3 regarding the Historic district “…Thus, at a minimum, no new structure or use, or expansion or change to an existing structure or use, including demolition, shall be allowed in the Historic Overlay District without first applying for, and obtaining, site plan approval”. In Section 4.5-1 Requirement of Special Permit: No demolition or removal of any structure, or part thereof, greater than 300 square feet shall be undertaken except pursuant to a special permit issued by the Planning Board. This section applies to “…all applications for demolition permits in the Town of Essex within the boundaries of the Historic Overlay District as depicted on Schedule D and as overlaid on the Town of Essex Zoning Map as well as structures and landmarks throughout the Town that are or shall be listed on the State or National Register of Historic Places as set forth in Section 3.1-9.1 and as listed on Schedule D as well as Section 3.1-8-3 regarding the Shoreline Overlay District “…no new structure or use, or expansion or change to an existing structure or use, shall be allowed in the Shoreline Overlay District without first applying for, and obtaining, site plan approval .”Mr. Van Hoven would like a letter sent to Mr. Lansing stating the Board’s views on demolition. Jim Van Hoven moved and Mr. Muller seconded a motion that a property owner must obtain prior approval from the Planning Board for any demolition in the Hamlet, the Historic Overlay District, the Shoreline Overlay district or of any structures and landmarks throughout the Town that are or shall be listed on the State or National Register of Historic Places. The motion carried unanimously.
Lauren Murphy says that ECHO will make a notebook of their Blue Forms for the Board to have as a reference.
Ms. Murphy asked if anything can be done to the Ginn property/Burnham house that may be torn down- whether it could be moved or publicized to be sold.
Adjournment: Hearing no further comments, the meeting was adjourned at 8:42 p.m.
- - - - - - - -
Contact: info@northcountrytechnology.com
