TOWN OF ESSEX PLANNING BOARD
Regular Meeting
December 14, 2011
7:00 p.m.
REGULAR MEETING
Call to Order:
Chairman Van Hoven opened the Regular meeting at 7:02 p.m.
Attendance:
Planning Board members present: Chairman James Van Hoven, Derrick Wrisley, H. Nicholas Muller, III, David Hislop, and Mark Walker. Absent: Donald Hollingsworth. Also in attendance: Kevin Hall, Gary Heurich, John Mesick, Essex Town Supervisor Sharon Boisen, Bill Kissel, Francisca Irwin, Mike Hance, David Hance and Catherine DeWolff, Secretary to the Board.
Review and Acceptance of Minutes:
Review of the Minutes of the November 17, 2011, Regular Meeting of the Town of Essex Planning Board. A motion was made by Mr. Hislop to accept the minutes as presented. Mr. Wrisley seconded the motion to accept. The vote is all yes with none opposed. The Minutes of November 17, 2011, are duly reviewed and accepted by unanimous vote.
Old Business:
Heurich – Minor Subdivision with Boundary Line Adjustments – 2nd Amendment to Permit #2011-8-Tax Map 49.4-1-9.100 Split Rock Farm (Overlook), 85.9 acres finalized and Proposed Gift to State of NY, 36.5 acres finalized. Chairman Van Hoven described the action with the help of Mr. Heurich. Mr. Heurich described the finalization of his project with a minor change as evidenced by the final survey in the 2nd Amendment to Permit which would provide his neighbors with a degree of privacy from the headlights of oncoming or outgoing traffic. Final surveys were presented by Kevin Hall, LS. Mr. Hislop made a motion to accept the 2nd Amendment to Permit as written in the draft. Mr. Walker seconded. The vote is as follows, all yes with none opposed.
Vote:
Yes No Abstain Absent
Derrick Wrisley X
- Nicholas Muller, III X
David Hislop X
Donald Hollingsworth X
Mark Walker X
Chairman James Van Hoven X
Pataki – Minor Subdivision (Kupperman Property) – Tax Map 40.3-3-17.130. The Pataki’s made application to the Planning Board on August 18, 2011, which was deferred to the Zoning Board of Appeals because the property was in Resource Management and did not conform to our Zoning Law. Application was approved for a variance by the Town of Essex Zoning Board of Appeals on October 17, 2011. Brad Beers, representative for the Pataki’s, was present via speakerphone as he is out of town for the winter. Chairman Van Hoven advised that the application is now back to Planning for the permit process. The Chair asked Mr. Beers about any movement from the APA. Mr. Beers said that Mr. Petrashune, the surveyor, has met with the APA representatives at the site and there were no problems with the project at that time. However, Planning has not been notified by the APA as yet. Chairman Van Hoven advised the Board that the application is complete excepting the determination of the APA. The Chair described the project in detail and asked for questions. Mr. Hislop asked when the ZBA approved the action. Mr. Beers said that it was in October. There were no other questions. There was a motion by Mr. Hislop to deem the application complete and to schedule a public hearing for the January 19, 2012, meeting. Mr. Wrisley seconded the motion. The vote to deem the application complete and schedule the public hearing was all yes, none opposed. The public hearing will be scheduled for Planning’s next meeting of January 19, 2012. Mr. Beers said that he will keep us updated on the progress with the APA. Holiday wishes were extended to Mr. Beers by Chairman Van Hoven.
New Business:
Mesick – Boundary Line Adjustment Tax Map 40.73-5-4 with neighbor
Joseph Cordasco Tax Map 40.73-5-3.2. Exempted action of under ¼ acre of land.
Mr. Mesick advised the Board that there will be two deeds. One between Mr. Cordasco and Mr. Mesick, swapping land between the two parcels and the other the deed combining Mr. Mesick’s two lots as was required by a prior application for a project wherein this was conditioned. Mr. Mesick described his Boundary Line Adjustment with completed survey maps presented for approval by Kevin Hall, LS. A motion was made by Mr. Muller to approve the application complete and issue the permit as written. The motion was seconded by Mr. Hislop. The vote is unanimous as follows:
Vote:
Yes No Abstain Absent
Derrick Wrisley X
- Nicholas Muller, III X
David Hislop X
Donald Hollingsworth X
Mark Walker X
Chairman James Van Hoven X
Irwin – Boundary Line Adjustment Tax Map 49.1-1-15.00 with neighbor
Richard Lamanna Tax Map 49.15-1-1.000. Exempted action of under ¼ acre of land. Attorney Bill Kissel, legal representative for Mrs. Irwin described the action to the Board and presented the certified maps prepared by Kevin Hall, LS. Dr. Lamanna whose property adjoins Mrs. Irwin’s, had put a well on a portion of land owned by Mrs. Irwin which he thought was a part of his land. When discovered, the parties agreed to adjust the boundary to convey the portion with the well to Dr. Lamanna. A motion was made by Mr. Muller to accept the application as complete and approve the permit as written. The motion was seconded by Mr. Wrisley. The vote is unanimous as follows:
Vote:
Yes No Abstain Absent
Derrick Wrisley X
- Nicholas Muller, III X
David Hislop X
Donald Hollingsworth X
Mark Walker X
Chairman James Van Hoven X
Hance – Tax Map 48.3-1-13.000 Special Use/Site Plan Review Permit application for a Motor Vehicle Inspection Station. Chairman Van Hoven told the applicant that he went by the property and took some photographs which have been distributed to the Board. Chairman Van Hoven also advised that this is a permitted use in that part of the town but that the applicants do need Planning Board approval to move forward. Mr. Hance described what is currently going on with his property right now. The Chairman addressed his own concern of screening the property from the road and neighbors, suggesting a more secure and elaborate fence. Mr. Lansing, the Code Enforcement Officer of the Town of Essex, advised the Board that Mr. Hance will need a Commercial Use Permit from the APA for this action. The Chairman told Mr. Hance, the applicant, that he will need to go through that procedure before anything can happen here and left it to the rest of the Board to discuss. Mr. Muller told the Chairman that the application looks complete except for the application to the APA. The Chair advised the Board that he didn’t think the sketch plan was accurate enough but more importantly is that it’s not attractive and would like to see a plan for screening. Mr. Muller said that he didn’t think that was pertinent to a complete application and that we could condition the Chairman’s concerns after deeming the application complete. Mr. Hance let the Board know that he will comply with any conditions the Board set forth. Mr. Muller asked the Chairman if he was ok with the Site Plan. The applicant asked the Chairman specifically where the fence should be. There was a discussion between the parties as to what should occur on the property to screen it from view. Chairman Van Hoven said that he would like to see a plan for the screening. Mr. Muller advised that it is a question of screening the equipment from the road. The Chairman advised the parties that we can deem the application complete tonight contingent on application with the APA and a more detailed site plan. However, we cannot schedule a Public Hearing on this until those two items are completed. Mr. Muller advised that we should deem the application complete and schedule the public hearing. Mr. Muller made a motion to declare the application complete upon application to the APA and a more detailed and acceptable Site Plan. Mr. Wrisley seconded the motion. The vote is all in favor with none opposed. The Chairman then asked for a motion to schedule a Public Hearing for February’s meeting contingent on having all of the information to us two weeks prior to the February meeting. Mr. Muller brought the motion with Mr. Walker seconding. The vote is all yes with none opposed. The application is deemed complete and a tentative Public Hearing will be scheduled for the February meeting.
Report of the Chairman:
Chairman Van Hoven advised that we were meeting tonight because of a training opportunity tomorrow that he, Mr. Hislop, Mr. Wrisley and Mr. Lansing were attending regarding LULU’s (undesirable land uses) on Thursday. He let the Board know that Olive Alexander will be joining the Board at the end of the year upon her resignation from the ZBA. He also advised that we have another applicant, Pat Tivnan, who will be taking Don’s place on our Board once approved by the Town Board. Chair Van Hoven let the Board know about where the Zoning Revision was with regard to approval from the Town Board. A discussion ensued about changing the hours of the Planning Boards’ meetings to better coincide with the meetings of the Town Board as the secretary will be doing both jobs come January. No agreement will be made until the Town Board is agreeable to this change.
Report of Zoning Officer:
Mr. Lansing was questioned by the Board as to what was going on down at the Ferry dock. Mr. Lansing said it was a waste disposal problem, but it was under control.
Adjournment:
A motion to adjourn was made by Mr. Wrisley and seconded by Mr. Walker.
The meeting was adjourned at 7:54 p.m.
Respectfully submitted by Catherine DeWolff
Planning Board Secretary
