TOWN OF ESSEX NEW YORK
ZONING BOARD OF APPEALS DECISION FORM
TAX MAP NO: DATE: APPLICATION NUMBER:
40-3-3-17.130 October 17, 2011 2011.02
APPLICANT:
George E. and Elizabeth Pataki
ADDRESS:
242 School St. Essex NY
REPRESENTATIVE IF OTHER THAN APPLICANT: N/A
REQUEST: Granted Denied
Y
Request for an Area Variance to allow the owners to create two lots, with no additional building rights, other than farm accessory buildings, that will preserve the open space farmland character of the area. Owners wish to separate existing residence and 8 1/2 acres and to join the remaining 34 acres (non-buildable) with their adjacent farmland.
Signature Chairman Board of Appeals:
Members Present: Vote Y N
Cindy Wrisley X
Dorothy Bliss X
Lauren Murphy X
Olive Alexander X
Public Hearing Notification: Plattsburgh Press Republican, October 12, 2011
Notification to residents within 500 ft of property, October 11, 2011
Minutes Attached:
Public Hearing: October 17, 2011
Decision Meeting: October 17, 2011
Request Approved: October 17,2011
Draft
Town of Essex NY Zoning Board of Appeals
Application 2011.02
Meeting Minutes of October 17, 2011
Chairman Lauren Murphy called meeting to order at 7:04 PM
Roll Call: Present – Dorothy Bliss, Cindy Wrisley, Lauren Murphy, Olive Alexander – Absent – Pat French
The Application was reviewed and motion was offered, seconded and all present voted in the affirmative to deem the application complete. (Mark Petra is currently preparing the “official” survey map but we have a hand drawn map that is acceptable. We also have the SEQR.)
Public Hearing: No members of the Public attended.
Application Discussion: The request originally was presented to the Planning Board as a Boundary Line Adjustment. This was denied by the Planning Board who determined it should be a Subdivision (amount of acreage involved) and would need to be reviewed by the ZBA. If the ZBA approves the Area Variance, the application will return to the Planning Board for further action.
The existing 42 +/- acre parcel resides in two zoning categories: R2, Preserved Farmland. The APA considers it Resource Management, overriding Essex Zoning. Although the existing residence and 8 1/2 acres will be in Resource Management and is less than the acreage requirement, it does meet the minimum building lot size. Discussion with the APA confirmed that this was acceptable as long as there were no additional building rights involved.
Although there could be future requests for transfer of building rights within the farmland portion, we cannot attach conditions. This will be up to the Planning Board. We would discourage any future development and hope this will remain open farmland.
A potential road (access, not town or county) was discussed but is not part of our decision process.
- Effect of Granting Area Variance: None – impact is positive
- Benefits Sought by Applicant (Can they be achieved any other way?). No- owner’s attempt to do Boundary Line Change was denied by the Planning Board
- Is the Variance Substantial: Yes
- Adverse Environmental Impact: None
- Is Variance Necessary because of Self Created Hardship: No
Cindy wondered why the Patakis would request this additional piece of property; our best guess is they would like an additional entry into the property, perhaps for farm machinery, etc., and reserving the current entry for residence, family, and guests.
Cindy stated that since this is in Resource Management she would prefer this property be left at the 42.5-acre minimum. A lesser number of acres are allowed by the APA as a building lot. This will now go to the Planning Board and they may make conditions – we cannot.
Motion made (Lauren Murphy) and seconded (Olive Alexander) to approve the Area Variance, creating 2 lots, one 8.5 acres with an existing residence and the other 34 acres +/-, non-buildable, open farmland to be joined with owners existing farmland, with no building rights other than farm accessory buildings. Vote as follows:
Y N
Dorothy Bliss X
Cindy Wrisley X
Lauren Murphy X
Olive Alexander X
Application approved and meeting adjourned at 8:05 PM
