TOWN OF ESSEX PLANNING BOARD
Minutes of the Regular Meeting
October 20, 2011
Call to Order:
Chairman Van Hoven opened the meeting at 7:00 p.m., with the Pledge of Allegiance.
Attendance:
Planning Board members present: Mark Walker, Derrick Wrisley,
James Van Hoven, David Hislop and H. Nicholas Muller, III. Absent were:
Donald Hollingsworth. The Chairman advised the Board that former member, Michelle Cassidy, has tendered her resignation from the Board in the form of an e-mail to the Chairman, thereby causing a vacancy on the Planning Board.
Also in attendance: Tami Rigdon, Mark Guttierez, Gary Heurich, Brian Trzaskos, and Catherine DeWolff, Planning Board Secretary.
Review and Acceptance of Minutes:
Review of the Minutes of the September 15, 2011, Public Hearing and Regular Minutes of the Town of Essex Planning Board. A motion was made by Mr. Muller to accept the minutes as presented and seconded by Mr. Hislop. The vote is all yes with none opposed. The minutes of September 15, 2011, are duly reviewed and accepted by unanimous vote.
New Business:
Site Plan Review
Addendum to Existing Special Use Permit #2011-3
DALTON “ OLD TART STORE
SPR Renovation Permit After the Fact
Tax Map #40.73-3-2.00
In the matter of the Application after the fact of Brian Trzaskos, of 61 Tunnel Lane, Willsboro, NY, Lessee and Representative for the property Owners, Herbert and Karen Dalton, of 1634 Route 30, Cornwall, VT 05753, for an Addendum to Special Use Permit of a Site Plan Review for alterations and renovations to the enclosure of the lower portion of the Fitness Center area. Structural changes were made but not proposed on original the Permit #2011-3, issued May 23, 2011, and requested to be added in the form of an Addendum to Permit.
The Applicant, being the Lessee and Legal Representative for the owners of the above referenced property, was issued a Special Use Permit on May 23, 2011, for the change of use from a retail store to Wellness and Fitness Center. At that time, no changes were proposed for the outside lower portion of the Fitness area. However, as construction progressed for the interior work, it was also carried forward to the exterior for which no permit was issued. This was an oversight by the owners of the property.
The exterior work included removal of the double barn doors of the space, reframing and replacement with double insulated windows, approved by ECHO, the easement holder on the building. The building was then sided to match the flow of the existing building.
The Chairman asked the Board if they needed any clarification on the Addendum. Mr. Van Hoven also queried about the fence that was part of the original plans for the project. The secretary advised that this was part of the original plan but was shot down by ECHO. Mr. Hislop advised that rather than a fence as proposed, the ECHO Board has recommended using herbaceous screening instead. Mr. Hislop asked if the work has been completed. Mr. Trzaskos answered in the affirmative. Mr. Hislop then asked if there was to be any further work anticipated on the building. Mr. Trzaskos replied in the affirmative and that he has sent Mr. Schultz, the ECHO Chairman, some diagrams for windows on the north side of the building and has conferred with Chairman Van Hoven about this same issue. Mr. Trzaskos refreshed the Chairman’s memory of this to say that the additional window replacement was insignificant and did not need to be permitted by Planning. Mr. Muller asked why the wording on the Agenda was not in permit wording format instead of a narrative. The secretary advised Mr. Muller that the narrative simply described the action for permitting. The actual draft permit with the proper wording is separate from the Agenda. Mr. Muller found what he was looking for and added, question asked and answered. Mr. Muller motioned to accept the Draft Permit as written. The motion was seconded by Mr. Hislop. The vote to accept the Permit is all yes with none opposed and the actual vote is as follows:
Vote:
At the regular meeting of the Planning Board held on October 20, 2011, the foregoing resolution to adopt this Addendum to Permit was introduced by H. Nicholas Muller, III, and seconded by David Hislop. It was then duly put to a vote and adopted by the majority of the Town of Essex Planning Board as follows:
Yes No Absent Abstain
Mark Walker X
Derrick Wrisley X
James Van Hoven X
David Hislop X
- Nicholas Muller, III X
Donald Hollingsworth X
The Draft of the Addendum to Permit #2011-3 is accepted by the Planning Board.
The next item on our Agenda is the Heurich Amendment to Permit #2011-8.
Amendment to Permit #2011-8
Gary F. Heurich
Minor Subdivision with Boundary Line Adjustments
Tax Map 49.4-1-2.100 Split Rock Farm } 103+- Acres, Amended to 114 Acres (+11 Acres)
Tax Map 49.4-1-9.100 Split Rock Farm } Sheldon Farm=88.5+- Acres, Amended to 63.5 Acres (-25 Acres) } Overlook Farm=67+- Acres, Amended to 82 Acres (+15 Acres)
Tax Map 49.4-1-3.000 Lighthouse}
Tax Map 49.4-2-1.000 Lighthouse } 40 Acres (no change)
Tax Map 49.4-1-5.000 Lighthouse}
Tax Map 49.15-3-14.000 Silver Birch, 12 Spire Way 40 Acres (+1 Acre)
Tax Map 49.15-1-14 Martin Parcel “ 11+- Acres, Amended to 12 Acres (+1 Acre)
Proposed Lake Lot 3.8 Acres (+0.3 Acres)
Proposed Gift to the State 40 Acres (-5 Acres)
The original permit has not been issued because the Board is waiting on contingency information, mainly the final surveys. As the surveying has progressed, it has become evident that the initial acreage estimations were slightly off. This Amendment to the original permit addresses the changed acreage. Chairman Van Hoven invited Mr. Heurich to describe these changes to the Board. Mr. Heurich showed the various views of his property including the road changes that have impacted the boundary and acreage changes. The finalization of the survey map by Kevin Hall, RS, have resulted in accurate calculations of the proposed lots on the property thereby requiring this Addendum to the original and approved Permit #2011-8 of August 18, 2011. A motion was made to accept the Draft Amended Permit to include the above referenced changes to the original permit by Mr. Muller and seconded by Mr. Hislop. The vote is all yes to approve the Amendment with none opposed as follows:
Vote:
At the regular meeting of the Planning Board held on October 20, 2011, the foregoing resolution to adopt this Amendment to Permit to make the acreage accurate is introduced by H. Nicholas Muller, III, and seconded by David Hislop. It was then duly put to a vote and adopted by the majority of the Town of Essex Planning Board as follows:
Yes No Absent Abstain
Mark Walker X
Derrick Wrisley X
James Van Hoven X
David Hislop X
- Nicholas Muller, III X
Donald Hollingsworth X
Chairman Van Hoven thanked Mr. Heurich for his generosity in making gifts of his property to the State of New York. Mr. Hislop asked if the gift enhanced CATS (the Champlain Area Trail System). Mr. Heurich responded that yes, it does.
Report of the Chairman:
The Chairman advised that he had nothing to report aside from the Zoning Revision and where his Committee is at with said revision. The plan is to have the Town Board reach a consensus on what they want to do. At that point we have to have a Supplemental GEIS done as required by the SEQRA law. We have a grant for that from the Adirondack Council in the amount of $2,000, which is still on the table. Once that is done, we will need two more public hearings and hopefully by the time we are done most of the public will be happy with the changes we’ve made. After that, the Town Board will formally adopt it. Mr. Van Hoven further clarified his Committee’s position with regard to the Revision in that they are not pursing all of the changes that the APA wanted us to make as these would take another several months to accomplish. The expansion of the hamlet to the west will still be included, but zoned 42 acres incorporating the lands which are part of the sewer district. We are also recommending that the Hamlet be extended along Rt. 22 all the way to include the South Farm and including the Pataki farm house. We don’t know if the APA will approve this, but if it is what the Town wants, they will be under some pressure to approve. We’re also putting back in the Critical Environmental Areas (CEA’s) that we took out of the original plan and they will be expanded in size and we are not making any changes to Brookfield, excepting the CEA’s. So, that is where we are. End of Report of the Chairman.
Report of the Zoning Officer:
Mr. Muller queried how Mr. Lansing could renew the Burke permit without coming here. The Chairman responded that he didn’t know, but was just glad that the Burke’s were getting the job done. Mr. Muller agreed, however, he stated that we can be happy it’s happening, but renewing the permit without our approval is a problem. Mr. Muller further queried the Chairman about the covered deck on the John Dalton property and whether that was an action that should come before us. The Chairman advised that since this was visible from the road and is not a replacement of anything existing, that yes, the action should come before the Planning Board.
Mr. Walker questioned the Chairman about the CEA’s in the Zoning Revision and asked him for further clarification. The Chair advised that using new topography maps have helped in the determination of the CEA’s and making them a bit larger.
Adjournment:
There being no further business before the Board, a motion was made by Mr. Muller to adjourn the meeting and was seconded by Mr. Van Hoven. The vote to adjourn is unanimous and the meeting is adjourned at 7:23 p.m.
Respectfully submitted by
Catherine DeWolff
Planning Board Secretary
