Minutes, News and Notes from the September 20th, 2007 Planning Board Meeting:
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Call to Order: Chair Joan Stephan called the public hearing to order at 7pm for:
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/remove their existing home and replace it with a new log home. Ms. Ginn sent a letter to the APA informing them of her project, they told Ms. Ginn that this project is non- jurisdictional. The site is a non-conforming lot.
Jay Madagin commented that he approves of the Ginn design and looks forward to construction beginning soon. Ben Brewster would like this project to happen as soon as possible. Bill Poppino agrees with Mr. Brewster. Mr. Commack is looking forward to seeing the Ginn new log home. Ann Brewster mentions that the Crater Club has other log homes. Ellen Glenn supports the new log home that will replace Clover Top Camp.
Hearing no further comments, a motion was made by Jim Van Hoven and seconded by Harold MacDougal 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 and Harold MacDougal
Acceptance of the Minutes: A motion was made by Jim Van Hoven and seconded by Michelle Cassidy to accept the September 20, 2007 minutes on the condition that they are amended per meeting corrections. 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:
Nothing new to report this month.
Old Business:
Kathleen Ginn and Patricia Tivnan Site Plan Review:
The applicant has applied for a Site Plan Review for property located in the Crater Club involving Tax Map parcel #49,11.1-34.100. The applicant would like to tear down/remove their existing home and replace it with a new log home. The board reviewed the two negative issues that were declared in the SEQR at the August 16 meeting. The Board agreed that since the two negative declarations were based on “small to moderate” changes to the historic nature of the community that a negative SEQR could be granted. Harold MacDougal moved and Don Hollingsworth seconded a motion to issue a negative SEQRA declaration on the project. The motion passed unanimously.
Harold MacDougal asked the applicants if they plan on finishing their project within the 1-year condition that is proposed, the Applicant said that they would finish within the year. Mr. Van Hoven and Mr. Muller indicated they had visited the site and agree that the new log home will be an improvement to the existing home. The current home was in great need of repair. As this is a non conforming lot, Chair Stephan asked if the Ginn project would meet the requirements in the zoning: 20 feet side and rear setbacks from the property lines; the structure would not be any higher than 35 feet and minimum road frontage would be a minimum of 150 feet. The Applicant stated their new building would meet all of the requirements. A motion was made by Don Hollingsworth and seconded by Jim Van Hoven to approve and issue the permit. The motion was approved unanimously.
Michael and Cynthia Pratt, Alvin and Linda Hyde Boundary/Lot Line Adjustment: The applicant has applied for a Boundary/ Lot Line Adjustment involving Tax Map parcels #48.3-1-19.200, 48.3-1-27.100, 48.3-1-26.00 and 48.3-2-6.200, located on 237 Alden Rd., Westport, NY. The applicant owns 10 acres of land and they would like to 50± feet of which they would like to give to Mr. Hyde to combine with the property he already owns adjacent to this property to the south, so his trailer is on his own property and meets setbacks as required by zoning Chair Stephan told the Board that a vote was needed to approve a permit for this project, as we did not have a permit to review at the last meeting. The Board requires a copy of the sketch-plan of the property; a copy of the deed giving the 50’ to Mr. Hyde, and a deed from Mr. Hyde showing the combining of his existing property with the new proposed 50± feet property. This last item is required, as section 4.2-1 of the subdivision law requires that the realignment or relocation of a boundary line must not create any new lot, and will not create a non-conforming lot, which is what would happen if Mr. Hyde does not legally combine the 50’ he has now acquired with the adjacent property he already owns.
Jim Van Hoven moved and Michelle Cassidy seconded a motion to approve and issue the permit subject to the conditions the Board discussed. The motion carried unanimously.
New Business:
Michael & David Hance Special Use Permit. 25 Sayre Rd: The applicant is applying for a Special Use Permit involving Tax Map parcel: #48.3-1-13.00 in which they want to reclaim metals off cars and to reuse all liquids, batteries and tires. The liquids will be stored in barrels. After reviewing Mr. Hance’s proposal, the Board agreed that the DEC should be made aware of this project. While the applicant did not attend the meeting making it necessary to postpone the discussion of the permit until next month, the Board found that the following items were missing and necessary to properly evaluate the Hance’s application:
Copy of the Deed to their property
Copy of the payment required
A clearer Project Description
Letter of Notification to the DEC
APA letter declaring this project non-jurisdictional
Photographs of existing property
Plot Plan showing the layout of the project on the property including measurements
Agricultural Data Statement
More complete list of names of property owners within 500 feet of the applicant’s property
Mr. Muller asked that the Board make this information known to the Hance’s in order to have a complete application. Chair Joan asked Mr. Lansing if the DEC was notified of this project. Mr. Lansing said that they had not been notified, but agreed that it would be a good idea to notify the DEC of the Hance project. As the applicant was not present 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.
Frederick Jr. & Cynthia Palen Site Plan Review: Bessboro Builders were in attendance on behalf of the Palen’s.
The applicant is applying for a Site Plan Review for their property located in the Crater Club, 67 Wild Acres Way, involving Tax Map parcel #49.7-1-3.000. The applicant would like to renovate their camp with the following additions: replace a bedroom, add a bathroom, add a deck and porch, restore clapboard siding and asphalt shingles to the existing structure.
Chair Stephan would like to see an elevation plan and clarification on the boundary line permit issued in September of 2006 for this property.
Mr. Muller moved and Mr. Hollingsworth seconded that the application be deemed complete contingent upon receiving the documents discussed above. The motion carried unanimously.
The Planning Board conducted a SEQRA review of the project. Upon completion. Nick Muller moved and Jim Van Hoven seconded a motion to issue a negative SEQRA declaration on the project. The motion passed unanimously.
Don Hollingsworth moved and Harold MacDougal seconded a motion that a public hearing be scheduled for the Planning Board’s October 18, 2007 meeting. The motion carried unanimously.
Susan Bacot-Davis & George Davis Site Plan Review: The Applicant would like to restore and rehabilitate the dock house on their property at 2783 Essex Rd. Essex involving Tax Map parcel: 40.65-1-3.000. The property is in the Residential II Zoning Districts as well as the Shoreline Overlay District and the Historic District and is also on the state and National Historic Register. The Applicant already has a permit # EPB 2007-02 for this property involving other rehabilitation/renovation projects. The Applicant fears that their dock house structure will fail in the near future if immediate action is not taken. George and Susan Bacot-Davis have contacted the DEC, APA and the Army Core of Engineers in regard to this project. They would like to fix the foundation of their dock house; and stated that the structure will otherwise remain as is and historically accurate. The Applicant plans on using hemlock rather than cultured stone for the foundation in order to meet DEC approval and historical accuracy as that is what is there now. The Board deemed this portion of the project a repair upon the understanding that the structure will not change. Nick Muller moved and Don Hollingsworth seconded a motion that this dock house/foundation project is a repair and no Site Plan Review is needed. The motion passed unanimously.
Secondly, the Applicant also discussed their plans to replace and rebuild the stairs to the dock house. The Board would like to see the final plan for the stairs.
Thirdly, the Applicant proposes to build a fence over 4’ high in front of their property at 2783 Essex Rd but wish to put it only a few feet back from their property line. The regulations state that the 75” setback requirement for fences over 4’ shall not apply if the fence does not obstruct visibility. From the drawings shown at the meeting, a straw poll was taken and the Board agreed that the proposed fence does not obstruct visibility, and fits with the historic nature of the existing structure. The Board would like to see the final design for the fence, and an APA non- jurisdictional letter in regard to the fence.
Nick Muller moved and Don Hollingsworth seconded a motion that a public hearing be planned and that an amendment to the original application (permit # # EPB 2007-02) be written to include the dock house stairs and a fence. The motion passed unanimously.
Michael Kempster Site Plan Review: The applicant is applying for a Site Plan Review for his property located at 2712 Route 22 in Essex, NY, involving Tax Map parcel #40.73-1-1.000. This property is the Hamlet, historic district and shoreline overlay. The applicant would like to repair structural deficiencies, and replace/add windows, fix/add clapboards, add a wrap around porch and retaining walls.
The Board would like to have the following items from the Applicant in order to properly evaluate this project:
Site Plan More Elevation Drawings clearly showing the scope of the project
Window examples (cut sheets) showing windows that will be used in this project
A more complete list of the people living within 500 feet of this project
Mr. Muller moved and Mr. Van Hoven seconded that the application be deemed complete contingent upon received the documents discussed above. The motion carried unanimously.
The Planning Board conducted a SEQRA review of the project. Upon completion. Michelle Cassidy moved and Jim Van Hoven seconded a motion to issue a negative SEQRA declaration on the project. The motion passed unanimously.
Nick Muller moved and Don Hollingsworth seconded a motion that a public hearing be scheduled for the Planning Board’s October 18, 2007 meeting. The motion carried unanimously.
Public Comments:
The Board agreed that letters should be issued to applicants who have left their applications open-ended or have not shown up for meetings when they were on the agenda stating that they are being removed from future agenda’s and that it is their responsibility to inform the Board when they intend to return to discuss their application.
Adjournment: Hearing no further comments, the meeting was adjourned at
9:25 p. m.
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