Public Hearing on Proposed Zoning Revision
August 23, 2012
6:00 p.m.
Roll Call
Present: Sharon Boisen Supervisor
Harold MacDougal Councilman
Claire LaPine Councilwoman
Dr. James LaForest Councilman
Mark Wrisley Councilman
Also Present: Catherine DeWolff Town Clerk
Dr. James Van Hoven Planning Board Chairman
Olive Alexander Planning Board Member/Town Webmaster
Stephen A. Sayward, Jr. Town Justice
Dianne Lansing Town Assessor
Lauren Murphy Zoning Officer
Guests: Tim Castner, Frank C. Shirley, Michael E. Pratt, Ionel Klipper, Katie Krier, Sandra Vance, Dale Evens
Supervisor Boisen opened the public hearing by introducing Dr. James Van Hoven, whose committee has been working on the Zoning Revision for the last four years. Dr. Van Hoven gave a narrated power point presentation to the public on the proposed zoning revision as presented to the Essex Town Board for their approval. He explained what changes had occurred since the public hearings that were held last year at this time. He advised the public that Ann Holland had been hired with a grant from the Adirondack Council to do the Type I SEQRA on the revision and that she issued a negative declaration, which means no negative impacts as a result of the revision. He further explained that since last year the committee received good input from the NYS Department of Agriculture and Markets with regard to farms and which was included into our proposed law as 2/3rds of our land is designated AG. Dr. Van Hoven said that the revision is now in the hands of the Town Board and it is time for them to make some decisions. He further advised that the way the law stands now it supports farms, protects the Historic district, restricts build-out and enables moderate build-out in Brookfield, streamlines the permitting process between the Planning Board and the Zoning Officer and brings us more in line with the APA. In no instances have we placed more restrictions on the land than currently exists. The next step is to ask the APA to make revisions to their maps.
John Klipper asked if the next step is to go to the APA. Dr. Van Hoven replied that no, the APA is not involved at this point. Mr. Klipper asked if farms could sub divide and put in a development. Dr. Van Hoven replied no, it would have to be directly related to agricultural use.
Wayne Gryk asked about farms putting in additional houses and asked if that was restricted now – Dr. Van Hoven replied in the affirmative.
Dianne Lansing asked if small lots were grandfathered in the Hamlet. Dr. Van Hoven replied, yes. Councilman MacDougal added as long as it is a building lot.
Lauren Murphy advised that you cannot transfer one land use area to another.
Tim Castner, Vice President of Shirley Forests said that he would like to preface that they only became aware of the two days ago – he read a letter that is included here and ma de part of these minutes. He expressed his concerns of the environmental impact study and said he would like to see the same exemptions for Ag extended to forestry. He further related that Shirley Forests would be unlikely to remain in business and said that there should be lower assessments in the CEA’s. Councilman MacDougal responded that we don’t regulate logging – those regulations are set by the State.
Mike Pratt expressed his concerns about CEA’s and the recent change in land assessments. He said that he thought forestry should be considered an Ag & Markets use as tree farms should have the same benefits as any farm. Dr. Van Hoven advised that forestry according to Ag & Markets is not included in farms.
Chris Maron said that this issue needs to be revisited. There was a discussion about forestry being exempted like farms.
Frank Shirley said that the way the law reads, with clear cutting of only two acres, is not good for us.
Councilman MacDougal said that in his opinion it should be the same. Dr. Van Hoven said that there is no change in that portion of the law. Previously it was in the definition section and we moved it into the section of the law.
Mr. Shirley asked if in the critical areas he needs a site plan review to log. Dr. Van Hoven said that it is important to get all concerns in writing so that the Town Board can address those issues.
There was a discussion of mining and gravel operations currently on the sites designated as CEA’s. There was a discussion of wind turbines and cell towers that could be allowed on those lands. Lauren Murphy asked if we can just say we don’t want them. Supervisor Boisen said that we will take them into consideration and asked if anyone else had concerns that they be expressed in writing and the Town will consider them.
With no further public comment, the Supervisor closed the Public Hearing at 7:00 p.m. and thanked everyone for coming.
Catherine DeWolff, Town Clerk