TOWN OF ESSEX PLANNING BOARD

Minutes of the Regular Meeting of the Planning Board

May 19, 2011

7:00 p.m.

PUBLIC HEARING

Chairman Van Hoven opened the Public Hearing at 7:03 p.m.

Planning Board members present: James Van Hoven, H. Nicholas Muller III, Don Hollingsworth, Mark Walker, and Michelle Cassidy. Absent were David Hislop and Derrick Wrisley.

Also in attendance were Michelle Maron, Courtney Hughes, Brian Trzaskos, Donna Lou Sonnett, John Manning, Chris Maron, Colleen Van Hoven, Carole Slatkins, Margaret Shaw, Deidre Myers, Bryant LaFerierre, Wayne Gryk, Barbara Paige, David Lansing (Town of Essex Codes Officer) and Lauren Murphy, Chairwoman of the Zoning Board of Appeals.

A Public Hearing was held on the following applications:

Special Use Permit: Proposal of Herbert and Karen Dalton to convert the building formerly occupied by Renew to a new use as a physical fitness and wellness center. Tax Map 40.73-3-2.

Brian Trzaskos, Applicant and Partner of the above referenced property addressed the public and answered questions regarding the fitness center, mainly regarding hours of operation and services to be offered to the satisfaction of the public and the Board.

Site Plan Review: Proposal of Jason Flinn to construct decks on the rear of the residence to include a door to the upper deck and one window on the lower deck.

Tax Map 40.73-4-11.

Bryant Laferierre, contractor and representative for Jason Flinn, the applicant, addressed the public describing the decks to be added to the rear of the house. There were no questions from the public. The Chairman read the e-mail from Miriam Klipper asking that the vote be postponed until she could attend the meeting.

Site Plan Review: Proposal of Donna Sonnett to install a pre-constructed 8×10 ft. garden shed at the rear of her property. Tax Map 40.73-6-4.100.

Donna Sonnett, the Applicant, addressed the public and described her proposed shed including the fact that there is a Right of Way easement on the area where she wants to put the shed for parking by the Marina. She advised that regarding the said easement, she has never received, although asked for, insurance proof and a liability release from the holder of the easement. The Chairman recognized John Manning, Attorney for the easement holder, Barry Hamilton. Mr. Manning advised the Board of the permanent easement allowing a Right of Way for the Marina parking for cars, boats and boat trailers on the most easterly 116’ of the driveway thus encompassing the area which Ms. Sonnett would like to put her shed. Argument ensued with Ms. Sonnett advising Mr. Manning that there has been an established pattern of parking since May 5, 2007. Mr. Manning advised that he would like to meet with the Applicant and come back perhaps in a month with some sort of agreement suitable to all. Mr. Muller queried Mr. Manning as to any sense that his client would agree to any changes. Mr. Manning said yes, my client would consent to having the shed there with a couple of conditions as to that, yes, he would. Mr. Muller then asked what the conditions were and Mr. Manning responded regarding a sign up by the road, he wanted a guarantee that it would be able to remain in its present location and that the shed itself be moved closer to the road, near the hedge, and further that the Marina customers would not be harassed in using that parking area. So, he further advised, his client is willing to consent to the shed project but would like some giving from the Applicant in return. The Chairman asked the parties if they would be willing to discuss this now and come to some sort of agreement. Ms. Sonnett advised that that would not be possible.

Site Plan Review: Proposal of Wayne Gryk to add an awning to the front of the building, add two windows to the north facade, add a shed roof over the entrance to the residence, replace the slider and window on the east facade and add a door the south facade. Tax Map 40.65-3-7.000.

Wayne Gryk addressed the public regarding his proposed improvements to the Ice Cream Shop and residence attached to same. Board Member Hollingsworth queried Mr. Gryk about the southerly facing door which will come under the jurisdiction and approval of the Zoning Enforcement Officer at a later time, that being in winter months, it would be a concern with regard to snow removal. Mr. Gryk advised that he would shovel the area if open in the winter months.

There being no further comments, the Chairman declared the Public Hearing adjourned at 7:35 p.m.

REGULAR MEETING

Call to Order: Chairman Van Hoven called the meeting to order at 7:36 p.m.

Quorum present: James Van Hoven, H. Nicholas Muller III, Don Hollingsworth, Mark Walker, and Michelle Cassidy. Absent were David Hislop and Derrick Wrisley.

Acceptance of Minutes of April 21, 2011:

1. Nicholas Muller, III, motioned to accept the minutes as presented by the Secretary. Don Hollingsworth seconds, all in favor yes, with Michelle Cassidy abstaining.

New Business:

Draft permits on the following:

Special Use Permit: Tax Map 40.73-3-2. Proposal of Herbert and Karen Dalton to convert the building formerly occupied by Renew to use as a fitness and wellness center. Mr. Muller read the SEQR and motioned for a negative declaration. Mark Walker seconded, all in favor, yes. SEQR is deemed a negative declaration. Don Hollingsworth asked what specific time the center would be open and the applicants agreed to be open from 7:00 a.m. to 9:00 p.m. and this would be amended to the permit. Mr. Hollingsworth then motioned to accept the permit as amended. Mr. Muller seconds, all in favor, yes, opposed, no. Permit is approved.

Site Plan Review: Tax Map 40.73-4-11. Proposal of Jason Flinn to construct decks at the rear of the old Anderson residence to include a door to the upper deck and an additional window at the lower deck. The Board considered the e-mail of neighbor, Miriam Klipper, to postpone hearing. All vote no to postpone. Mrs. Klipper’s e-mail is made part of these minutes. Mark Walker read the SEQR aloud for the Board. Motion by Chairman Van Hoven to deem a negative declaration. Michelle Cassidy seconds. All in favor, yes, opposed, no. SEQR negative declaration passes. Mr. Walker asks about lighting. No additional lights will be permitted. Mr. Walker motions to approve the permit, Don Hollingsworth seconds, all in favor, yes, opposed, no. Permit is approved.

Site Plan Review: Tax Map 40.73-6-4.100. Proposal of Donna Sonnett to install a pre-constructed 8×10 ft. garden shed at the rear of property. The Chairman advises Ms. Sonnett that no action would be taken on her application at this time and until the easement question can be resolved. Mr. Muller motions to table the permit until such time that the Board is able to act on it. Mr. Walker seconds, all in favor, yes, opposed, no. Permit is tabled until further notice by the parties.

Site Plan Review: Tax Map 40.65-3-7.000. Proposal of Wayne Gryk to add an awning to the front of the building, add two windows to the north facade, add a shed roof over the entrance to the residence, replace slider and window on east facade, add door to south facade. Mr. Hollingsworth reads the SEQR review for the Board and motions for a negative declaration. Mr. Muller seconds. All in favor, yes, opposed, no. SEQR is deemed a negative declaration. Mr. Muller motions to issue permit as drafted. Michelle Cassidy seconds. All in favor, yes, opposed, no. Permit is approved.

Report of the Zoning Officer:

The report is attached to these minutes.

Report of the Chairman:

The Chairman, James Van Hoven, reviewed the Zoning revisions and reported on two changes discussed at Monday’s meeting. First was the issue of political signs and the second was the 500’ notification rule. The Resolution was read and is attached to these minutes. The Chairman asked the Planning Board to adopt this Resolution as an Amendment of the Town’s Zoning Law. David Lansing, Code Enforcement Officer, asked about the attorney, Bill Kissel’s remarks. The Chair advised that they have been incorporated into the revision. Lauren Murphy, Zoning Board of Appeals Chairwoman, asked about the map changes and a public hearing. Mr. Van Hoven advised that we are making recommendations to the Town Board and then they will go to a public hearing. He advised that no properties will have more restrictions than they do now. The Chairman further related that Don Hollingsworth was on the committee for this ordinance. The two maps that we and the APA were using were different and have been combined. We agreed to compromise and it worked out really well. Mr. Muller motioned to accept the Resolution as attached to these minutes. The Town of Essex Planning Board recommends the Amendment as articulated in the draft revision of the law be accepted. Mark Walker seconds, all in favor yes, opposed, no. The Resolution passes.

Lauren Murphy then advised the Board of the ZBA’s approval of the Keane subdivision which will be coming back to the Planning Board for permitting. Mr. Van Hoven advised that the Chair has no further comments.

Adjournment:

A motion was made by Don Hollingsworth to adjourn the meeting. Mr. Muller seconds. All in favor, yes. There being no further business before the Board, the meeting is adjourned at 8:17 p.m.

Respectfully submitted by Catherine DeWolff,

Planning Board Secretary

RESOLUTION:

The Town of Essex Planning Board recommends to the Town Board the amendment of the Town Zoning Law, including the official Zoning Map (Schedule B), as articulated in the DRAFT revision of the Law distributed to the Town Board with an accompanying memo of May 4, as well as two further changes noted below.

Section 4.28-2.7. (page 47) political campaign removed, phrase added: and shall be removed after. Results in the following new wording:

Temporary signs, including banners or pennants, relating to garage, lawn, or other individual, non-recurring sales, or for a church bazaar, fund drive, parade, fair fireman’s filed day, or other event or undertaking conducted by a political, civic, religious, charitable, or educational organization. Such temporary signs are not limited in size, and shall be removed after the termination of the activity being advertised.

Section 6.2-7 (page 52) Delete phrase abutting the subject property and add of the subject property; add statement in parentheses. Results in the following new wording

A list of the names and addresses of all property owners within five hundred (500) feet of the subject property. (See 6.3-7.2 for notification requirements.)