TOWN OF ESSEX PLANNING BOARD
Minutes of the Regular Meeting
July 21, 2011
Call to Order:
Chairman Van Hoven opened the meeting at 7:00 p.m.
Attendance:
Planning Board members present: Derrick Wrisley, Michelle Cassidy, James Van Hoven, Mark Walker, Donald Hollingsworth, David Hislop and H. Nicholas Muller.
Also present: Sally Johnson, John and Miriam Klipper, Anita Shapiro, Gary Heurich.
Review and Acceptance of Minutes:
Review of the Minutes of June 16, 2011. Motion is made to approve the minutes as presented by David Hislop, seconded by Donald Hollingsworth. Vote is all yes, with none opposed. Motion passes unanimously and the minutes of June 16, 2011, are approved and accepted.
New Business:
Site Plan Review:
Tax Map 40.73-8-1.086 John and Miriam Klipper, Estus House restoration. The Klippers requested of the Board that their application be withdrawn at this point in time and until the proposed Zoning Law Revision is completed.
Anita Shapiro raised the question of the Zoning Law revisions. Chairman
Van Hoven informed her that the Board would not be discussing this tonight, but that the Public Hearing for same will be held August 9th at the Essex Town Hall and again on August 23rd at the Whallonsburg Grange Hall, both meetings will begin at 7:00 p.m.
Boundary Line / Lot Line Adjustment:
Tax Map 49.4-1-5.000 / 49.4-1-3.000 / 49.4-2-1.000 Jan and Jane TerLouw to Gary Heurich Tax Map 49.4-1-6.000 Boundary Line Adjustment from purchase of .39 acres from TerLouw to Heurich, no new lot. This adjustment will add the finger of land owned by TerLouw which juts out in front of the Lighthouse parking area owned by Heurich, to the parking area parcel.
Chairman Van Hoven advised the Board that there are no public hearings held on Boundary Line Adjustments. Mr. Heurich gave the Board a synopsis of the actions. Mr. Muller motioned to approve the Boundary Line Adjustment with TerLouw as complete. Mr. Hollingsworth seconded the motion. Vote is all yes, none opposed. Motion to approve the Boundary Line Adjustment passes unanimously.
Tax Map 49.15-1-13.000 Gary Heurich and Tax Map 49.4-1-2.100 John and Jan Fortune
Boundary Line Adjustment of .0072 acres, even swap of land, no new lots.
Mr. Muller motioned to approve the Boundary Line Adjustment as proposed.
Mr. Hislop seconded the motion. Vote is all yes, none opposed. Motion to approve the Boundary Line Adjustment passes unanimously.
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
Gary Heurich is the applicant and owner of the above referenced Tax Parcels. The subject of this application is the 383.24 acre property in two Tax Map parcels, 49.4-1-2.100 and 49.4-1-9.100, currently known as Split Rock Farm, which is comprised of a single family dwelling, 5 barns and outbuildings, 3 tillable fields, and one grazing field.
Of the 7 Tax Map parcels owned by the applicant, Split Rock Farm is the only one that would be subdivided. Three of the other parcels, which are contiguous, would be beneficiaries of the Boundary Line Adjustments also proposed under this application.
Mr. Muller addressed the Chairman that this seems like a Minor Subdivision as the applicant has seven parcels and will end with seven parcels. There will be a gift to the State of NY and elimination of 4 of the 6 building rights. The Chairman concurred. Mr. Muller then motioned to deem the Heurich application a Minor Subdivision with Boundary Line Adjustments. Mr. Walker seconded the motion. The vote is all yes with none opposed. The Board unanimously agreed that the action is a Minor Subdivision. Mr. Klipper asked Mr. Heurich, What will the State do with your gift? Mr. Heurich replied that the gift will enhance the trail network on the mountain.
Chairman Van Hoven advised the Board that there a few things missing from the application, the 500’ neighbor notifications, the survey, which Kevin Hall is working up and the APA jurisdictional letters and/or permits or drafts thereof. . Mr. Muller added that he sees no reason why we could not schedule the Public Hearing once the application is deemed complete and that the minutes will show our willingness to approve. Mr. Hislop agreed. Mr. Hollingsworth opined that we could postpone. The Chairman agreed and added that we don’t imagine this to be a problem. Mr. Hollingsworth noted that he is an abutter to the project and is not opposed to it. He continued that we can schedule the Public Hearing for next month and if Kevin (Hall) cannot finish the survey by that time, we will postpone until September. Mr. Heurich agreed. The Chairman motioned to declare the application complete with contingencies as aforementioned. Mr. Hislop seconded. Vote is all yes, none opposed. The application is deemed complete contingent upon the receipt of the survey, 500’ letters and APA approvals and the Public Hearing will be scheduled for the August meeting.
At this point Chairman Van Hoven read the SEQR for any environmental impact the action might have. Mr. Muller asked if we can do the SEQR on an application that we have not deemed as complete. The secretary answered in the affirmative.
Mr. Muller motioned that upon no known environmental impact with the project, that the SEQR be deemed a negative declaration. Mr. Hollingsworth seconded. The vote is all yes with none opposed. With the unanimous vote, the SEQR is deemed a negative declaration.
Mrs. Shapiro asked if there would be public access to the Lake. Mr. Heurich answered, no. Sally Johnson commented on SEQR and how very important this law is and how more consideration should be given to what might happen in the future. Mr. Muller responded that he thought Ms. Johnson raised an interesting question. However, if there is no evidence of environmental impact, the Board cannot speculate. Mr. Hislop agreed that it was a good point and in the future we should endeavor to educate the public, who do not understand the SEQR process. Mr. Hollingsworth advised that we normally do the SEQR at the public hearing and he further stated that the Board should hold the public hearing next month. If Kevin Hall can’t get the survey to us by that time, we will postpone until September. The Chairman advised that we will schedule for August but may postpone until September. Chairman Van Hoven motioned to schedule the Public Hearing for August. Mr. Walker seconded. The vote is all yes, none opposed. The decision is unanimous to schedule the Heurich Public Hearing for the August 18th meeting contingent upon receiving the missing parts of the application.
Report of the Chairman:
Chairman Van Hoven advised the Board that the public hearings for the Zoning Law revision are scheduled for August 9th at the Town Hall and for August 23rd at the Whallonsburg Grange Hall, both meetings are at 7:00 p.m. He went on to state that he has scheduled a meeting with the executive committee of the Crater Club as a courtesy to them, being there may be as many as 50 people affected by the change. Mr. Van Hoven reminded the Board that he will not be available for Septembers’ meeting unless the meeting is moved a week later. Mr. Muller thought this should be addressed at the August meeting and the Chairman agreed.
Report of the Zoning Officer:
The Zoning Officers’ report was read and made part of these minutes. Chairman Van Hoven asked David Lansing, the Zoning Officer, if the sewage issue at Barry’s (Hamilton) had been resolved. Mr. Lansing responded in the affirmative. Ms. Cassidy further questioned Mr. Lansing asking if it has been remedied. Mr. Lansing replied that it was a small fix, the plumber needed a part and that it was ordered. Ms. Cassidy responded, so, it is still ongoing. Mr. Lansing replied that he was sure it was fixed by now.
Michelle Cassidy raised the issue of a letter that Donna Sonnett sent to the Board days before the meeting. The Board discussed the letter that arose from her application to the Board several months ago. Ms. Cassidy relayed that she felt badly that we (the Board) haven’t contacted Ms. Sonnett before she felt the need to write this letter. Chairman Van Hoven added that in retrospect, the application did not need to come to us as it was changed mid-way through the process to a moveable structure on skids. However, the easement issue that followed is between her and Mr. Hamilton and does not involve the Planning Board. There was a discussion of the contents of Ms. Sonnetts’ letter which speculated that Mr. Hamilton did not hold insurance on the marina and that there was no permit for his sign. Mr. Lansing advised that he was sure there was a permit for the sign, but that he would look into it. Mr. Walker said that he remembers Donna coming to the meetings regarding her application and that he recalls she said that she did not mind coming to the Planning Board for a permit.
Public Comment:
The public commented throughout the meeting as noted in these minutes. However, in the future, the public comment period will be adhered to with no interruption of the proceedings of the Planning Board.
Adjournment:
Michelle Cassidy motioned to adjourn the meeting. Mark Walker seconded. The vote to adjourn is all yes with none opposed. The meeting is adjourned at 7:42 p.m. by unanimous vote.
