TOWN OF ESSEX PLANNING BOARD
Minutes of Public Hearing and Regular Meeting
August 18, 2011
7:00 p.m.
PUBLIC HEARING
Call to Order:
Chairman Van Hoven opened the Public Hearing at 7:00 p.m.
Attendance:
Planning Board members present: Michelle Cassidy, Derrick Wrisley, H. Nicholas Muller, III, James Van Hoven, David Hislop and Donald Hollingsworth.
Mark Walker was absent.
Also in attendance: Kevin Hall, L.S., Sally Johnson, Kathy Hall, Myrna B. Mandeville, Gary F. Heurich, Pam Rathbun, Brad Beers, Ed Monoski, Bonnie Monoski and John Mesick.
A Public Hearing was held on the following application:
Gary Heurich Minor Subdivision with Boundary Line Adjustments
Tax Map 49.4-1-2.100 Split Rock Farm 352.10 acres
Tax Map 49.4-1-9.100 Split Rock Farm 31.14 acres
Tax Map 49.4-1-3.000 Lighthouse 6.6 acres
Tax Map 49.4-2-1.000 Lighthouse .61 acres
Tax Map 49.4-1-5.000 Lighthouse 1.30 acres
Tax Map 49.15-3-14.000 Silver Birch, 12 Spire Way, 1.2 acres
Tax Map 49.15-1-14 Martin Parcel 3.7 acres
The subject of the application is the 383.24 acre property in two tax map parcels, 49.4-1-2.100 and 49.4-1-9.100, commonly known as Split Rock Farm, 56 Albee Lane, Essex, NY. Split Rock Farm is comprised of a single family dwelling, five barns and outbuildings, three tillable fields and one grazing field. Of the seven tax map parcels owned by the Applicant, Split Rock Farm is the only one being subdivided. Three other parcels, which are contiguous, will be beneficiaries of the Boundary Line Adjustments also proposed in this application. These are Tax Map parcels: 49.4-1-3.000, 49.4-1-5.000, 49.4-2-1.000, which comprise the Lighthouse Parcels at 175 Lighthouse Way, Essex, NY, and which will be combined and reapportioned into a single tax map parcel and Tax Map parcels: 49.15-3-14.000, Silver Birch aka 12 Spire Way, Essex, NY and Tax Map parcel 49.15-1-14.000 aka the Martin Parcel, Lakeshore Road, Essex, NY.
The application was deemed conditionally complete at the July 21, 2011, regular meeting of the Planning Board. All conditions have been met and the application is complete.
Mr. Heurich described his project to the public in attendance.
Public Comment:
Sally Johnson applauded Mr. Heurich’s proposal and thanked him for doing such a terrific thing. There was no other comment from the public.
There being no further questions or comments from the public, a motion to close the Public Hearing was made by Mr. Muller and seconded by Mr. Hislop. The vote to close was all yes with none opposed. The Public Hearing is closed at 7:07 p.m. by unanimous vote.
REGULAR MEETING
Call to Order:
Chairman Van Hoven opened the Regular Meeting of the Planning Board at 7:07 p.m. with a Salute to the Flag.
Attendance:
Planning Board members present: Michelle Cassidy, Derrick Wrisley, H. Nicholas Muller, III, James Brinkerhoff Van Hoven, David Hislop and Donald Hollingsworth.
Mark Walker was absent.
Also in attendance: Kevin Hall, L.S., Sally Johnson, Kathy Hall, Myrna B. Mandeville, Gary F. Heurich, Pam Rathbun, Brad Beers, Ed Monoski, Bonnie Monoski and John Mesick.
Review and Acceptance of Minutes:
Review of the Minutes of the July 21, 2011, Regular Meeting of the Town of Essex Planning Board. A motion was made by Mr. Hislop to accept the minutes as presented. Mr. Hollingsworth seconded the motion to accept. The vote is all yes with none opposed. The Minutes of July 21, 2011, are duly reviewed and accepted by unanimous vote.
Old Business:
Gary Heurich Minor Subdivision with Boundary Line Adjustments
DRAFT PERMIT
Tax Map 49.4-1-2.100 Split Rock Farm 352.10 acres
Tax Map 49.4-1-9.100 Split Rock Farm 31.14 acres
Tax Map 49.4-1-3.000 Lighthouse 6.6 acres
Tax Map 49.4-2-1.000 Lighthouse .61 acres
Tax Map 49.4-1-5.000 Lighthouse 1.30 acres
Tax Map 49.15-3-14.000 Silver Birch, 12 Spire Way, 1.2 acres
Tax Map 49.15-1-14 Martin Parcel 3.7 acres
The subject of the application is the 383.24 acre property in two tax map parcels, 49.4-1-2.100 and 49.4-1-9.100, commonly known as Split Rock Farm, 56 Albee Lane, Essex, NY. Split Rock Farm is comprised of a single family dwelling, five barns and outbuildings, three tillable fields and one grazing field. Of the seven tax map parcels owned by the Applicant, Split Rock Farm is the only one being subdivided. Three other parcels, which are contiguous, will be beneficiaries of the Boundary Line Adjustments also proposed in this application. These are Tax Map parcels: 49.4-1-3.000, 49.4-1-5.000, 49.4-2-1.000, which comprise the Lighthouse Parcels at 175 Lighthouse Way, Essex, NY, and which will be combined and reapportioned into a single tax map parcel and Tax Map parcels: 49.15-3-14.000, Silver Birch aka 12 Spire Way, Essex, NY and Tax Map parcel 49.15-1-14.000 aka the Martin Parcel, Lakeshore Road, Essex, NY.
Vote:
A Resolution to adopt this Minor Subdivision with Boundary Line Adjustments was introduced by H. Nicholas Muller, III, who motioned that it be adopted. The motion was seconded by David Hislop and duly put to a vote and adopted by a majority of the members of the Town of Essex Planning Board as follows:
Yes No Abstain Absent
Michelle Cassidy X
Derrick Wrisley X
- Nicholas Muller, III X
James Van Hoven, Chairman X
David Hislop X
Donald Hollingsworth X
Mark Walker X
New Business:
George and Libby Pataki Application for a Minor Subdivision of the Kupperman property, 242 School Street, Essex – Tax Map 40.3-3-17.130. Property is under contract to purchase. The Applicant wants to subdivide the property into two parcels: the residence with approximately 12.5 acres and the farm land consisting of approximately 30 acres.
Michellle Cassidy recuses herself as she is a party to this application. Brad Beers is the representative for the Pataki’s. Mr. Beers describes the project. Chairman Van Hoven summarizes the application and adds that the project is in two zoning districts, Resource Management and Residential II. Mr. Muller questioned if Planning Board can declare the application complete contingent on the missing items. Mr. Hollingsworth said that we have to reject it and send it to the ZBA (Zoning Board of Appeals). He further questioned Mr. Beers whether the application has been made to the APA. Mr. Beers answered yes.
Chairman Van Hoven addressed Mr. Beers to the fact that the Board cannot act on this application because it is not in conformity of the Zoning Law guidelines. The application will be forwarded to the Town of Essex Zoning Board of Appeals for a variance. After such time as the ZBA makes their determination, the proposal will come back to the Planning Board for permitting. Mr. Wrisley motioned to send the application to the ZBA. Mr. Hollingsworth seconded. The vote is all yes with none opposed. This application will go to the Zoning Board of Appeals for their approval by unanimous vote.
John Mesick Application for Site Plan Review of 290 and 294 School Street, Essex “ Tax Map 40.73-5-1.000 and 40.73-5-4.000. Mr. Mesick would like to erect a Pergola at the rear of the houses including a gazebo and porte cochere, erect two small tool sheds in the rear yard, erect a 7 foot high fence between the two houses and at the west end of the stone house (#290), layout new foot paths to the front entrances of both houses including stone steps, and lastly to install wood blinds and louvers at 294 School Street.
Mr. Mesick describes his project to the Board. Mr. Muller queried regarding the time table that might be involved. Mr. Mesick advised that a completion date of sometime in 2013 is anticipated. At approximately 7:45 p.m., Mr. Muller asked for the Board’s indulgence as he had to be excused from the rest of the meeting. Mr. Muller is excused at 7:45 p.m. The Chairman questioned whether the project is compatible with Essex. Mr. Hislop raised the question of combining the two properties for ease in permitting because of the set back rule. The Board agrees this can be done by the Assessors and agree to approve the project with the understanding that the two adjoining lots owned by the applicant will be combined. Mr. Hollingsworth motions to declare the application complete. Mr. Hislop seconds. All in favor, yes. Opposed, no. The application is declared complete by unanimous vote. Mr. Wrisley motions to hold the Public Hearing at September’s meeting. Ms. Cassidy seconds the motion for Public Hearing. Vote is unanimous yes. The Chairman advised that he will be absent from that meeting, but that Mr. Hollingsworth with Chair the meeting. Mr. Hollingsworth agrees.
Report of the Chairman:
Chairman Van Hoven advised that he sent emails to the Board regarding the approved new signs for the Hamlet being built by Essex Initiatives. The new signs will be more formal and colonial looking. EI will be paying for the new signs at no cost to the Town.
Mr. Van Hoven commented on the new Zoning Law Revision. The first public hearing was last week. Many of the concerns were regarding the expansion of the Hamlet, particularly to the west where property owners border these lands. Of some concern also was the zoning in Brookfield area of 8.5 acres modified to 3.5 acre use. The reason this is proposed is that this area is one of the only areas in Essex where people of modest means can afford to build
The Town has to do a SEQR on the Revision. It is complicated and we may have to involve hiring a consultant to help us with the SEQR. The Chair, Mrs. DeWolff and Mr. LaForest are meeting with Ann Holland, a professional Planner, on Monday.
Myrna Mandeville, a member of the public, advised the Board that she was not in favor of the changes or of the idea of senior housing in Essex.
The Chairman also told the Board about the Wetlands Workshop which can be included as part of their required four hours of training. Coming up NYS Planning will have a workshop on SEQR.
Report of Zoning Officer:
The Zoning and Code Enforcement Officer, David Lansing’s report, was made part of these minutes.
Michelle Cassidy had an issue she wanted on the record pertaining to the process by which she was made to recuse herself from the Pataki application. She felt she should not have been required to leave the room but be allowed to remain as a part of the public. Mr. Hollingsworth replied that this is the way it has been done in the past. Mrs. Cassidy still felt it was not appropriate. Chair Van Hoven said he would look into the legal requirements for such circumstances.
Adjournment:
There being no further business before the Board a motion to adjourn was made by Donald Hollingsworth. Derrick Wrisley seconded. The vote is all yes, none opposed to close the meeting. By unanimous vote, the meeting is adjourned at 8:12 p.m.
Respectfully submitted by Catherine DeWolff
Planning Board Secretary
