DRAFT
Town of Essex Planning Board
Regular Meeting
May 3, 2012
7:00 p.m.
Call to Order
Chairman Van Hoven called the regular meeting of the Town of Essex Planning Board to order at 7:00 p.m. and led the attendees in the Pledge of Allegiance.
Attendance
PRESENT: David Hislop, James Van Hoven, Pat Tivnan, Olive Alexander, Mark Walker, H. Nicholas Muller III
ABSENT: Derrick Wrisley
ALSO PRESENT: Town Clerk, Catherine DeWolff and Lauren Murphy, Code Enforcement Officer
GUESTS: Jan Fortune, Kevin Hall, LLS., Judy Noyes, Paul Noyes
New Business
Fortune – Tax Map #49.15-1-13.000 – Site Plan Review application for an addition to the residence at 30 Albee Lane. Mrs. Fortune was in attendance to answer any questions about her project. The plans for the addition were presented along with a complete application.
On a motion by Mr. Muller to deem the application complete, seconded by Mrs. Alexander, the application is approved: Aye – 6 No – 0
Mrs. Fortune, the applicant, advised the Board that they will have to move the septic system at some point. Chairman Van Hoven advised her to work with the Code Enforcement Officer, Lauren Murphy, on that and to add documentation that it is appropriate and adequate to the project.
On a motion to set the Public Hearing on the application for the next meeting of the Planning Board of June 7, 2012, at 7:00 p.m., by Mr. Muller, seconded by Mr. Hislop, the Public Hearing on the application is approved: Aye – 6 No – 0
Green – Tax Map #49.7-4-10.00 – Site Plan Review application to replace a cabin on Cannon Point. Mr. and Mrs. Noyes were in attendance as legal representatives to describe the project and presented the plans.
On a motion by Mr. Muller to deem the application complete, seconded by Ms. Tivnan, the application is approved: Aye – 6 No – 0
Mrs. Noyes answered questions from the Board including the orientation of the new building, whether the windows would be non-reflective glass and what kind of septic system would be used. Mrs. Noyes responded that the windows would not be non-reflective, however, the view is hidden by large trees and not visible from the lake. She advised that the building would parallel the shoreline. The septic would tie into an existing new system on the property.
On a motion to set the Public Hearing on the application for the next meeting of the Planning Board of June 7, 2012, at 7:00 p.m., by Mr. Muller, seconded by Ms. Tivnan, the Public Hearing on the application is approved: Aye – 6 No – 0
Hayes – Tax Map #48.2-1-10.2 – Minor Subdivision application for the property at 187 Leaning Road.
Kevin Hall, Surveyor, presented as the legal representative for Austen Hayes, the owner/applicant, and described the project to the Planning Board as a minor two-lot subdivision with a “conveyance” parcel that could be sold with either one of the lots to be subdivided and that the parcel has no building rights.
There was a discussion by the Planning Board of whether or not the conveyance parcel should be considered a lot and if this was actually a three-lot subdivision rather than the two as applied for. Chairman Van Hoven advised Kevin Hall that the Board thinks this should be a three-lot subdivision and asked if that posed a problem for the applicant. Mr. Hall responded that no, he can easily amend the application to become a minor three-lot subdivision and that the Board will have the revision in a few days. He further advised that he spoke with the APA today and they will approve a letter of non-jurisdiction on the project.
On a motion by Chairman Van Hoven to deem the application complete as agreed amended to a minor three-lot subdivision, seconded by Mrs. Alexander, the application is APPROVED: Aye – 6 No – 0
On a motion to set the Public Hearing on the application for the next meeting of the Planning Board of June 7, 2012, at 7:00 p.m., by Mr. Hislop, seconded by Ms. Tivnan, the Public Hearing on the application is approved: Aye – 6 No – 0
There was a discussion of whether a site visit was necessary and it was agreed that no visit to the site was necessary.
Stransky – Tax Map #40.73-2-9.000 – Special Use Permit to change zoning from residential to commercial at 2307 Main Street.
Chairman Van Hoven advised the Board that the applicant wishes to have the property rezoned to commercial to make the property more desirable to a potential purchaser. He felt that it was inappropriate for the Board to act until the Board knows what the use may be. Mr. Hislop advised that a new owner will have to submit the application, not the seller, but under historic guidelines we promote businesses that have a historic commercial nature. The Chairman said that he would write a letter to the applicant noting that the Board may look favorably on a commercial use of the property, as it has historically been a commercial use in the past. That letter is attached to these minutes.
Report of the Chairman
Chairman Van Hoven told the Board that he would like them to approve a resolution adopting the changes the Zoning Revision Committee proposed to the Town Board of the Zoning Law as a result of the public hearings from last summer. There was a discussion by the Board of the changes that were made and what was considered adequate utilities. Mrs. Alexander said that she had a concern with there not being adequate phone or internet coverage and that the draft EAF draws the conclusion that adequate utilities exist. There was further discussion of the Zoning Law revision.
At this point it was discovered that the Board did not have the most recent revision of October 25, 2011. The Chairman advised that the Board that these changes are outlined in his memo to the Board of April 27, 2012 that supersedes the revision currently in their possession.
Town of Essex Planning Board
Resolution to Recommend the Adoption of Amendments to the
Town of Essex Zoning Law Revision
On a motion by Chairman Van Hoven and seconded by Olive Alexander, that the Town of Essex Planning Board adopts the Zoning Law Revision dated May 20 and August 10, 2011, as well as the latest revision of October 25, 2011, the proposed changes being made following public hearings of the Essex Town Board during the summer of 2011 and summarized in a memo to the Planning Board from Chairman Van Hoven dates April 27, 2012. More specifically:
Essex Hamlet
It is recommended that the westward expansions of the Hamlet as originally proposed remain, but that the area have a density of 42.7 acres per principal dwelling. (The current Essex zoning for most of this area is 1.3 acres per principal dwelling). It is also recommended that the Hamlet be expanded to the north and south, with those new areas having a density of 1.3 acres per principal dwelling, the same as at present.
The Committee believes this larger Hamlet, with three separate densities (the original Hamlet will have the current .5 acre density) is appropriate as it represents a geographically and culturally cohesive collection of structures. Since the whole area will also be the Historic District, it will be subject to the rigorous zoning rules in the law designed to preserve the unique nature of the Hamlet. The larger Hamlet will also include almost the entire existing water district and the entire new sewer district. Any future expansion of the latter will most likely occur within the expanded hamlet.
(See Schedule D)
Critical Environmental Areas (CEAs)
The Committee recommends keeping these areas as a separate land use classification with more restrictive use, given their topography. (Its original recommendation was to eliminate them.) It worked with a local surveyor to more clearly define the boundaries of these areas and added one. A revised map and coordinates are included in the law revisions. (See Schedule G).
=APA Suggestions
The Committee agreed to substitute APA definitions for those currently in the Zoning Law, and add several. It also made some wording changes in the revised law to better clarify APA jurisdiction over several areas, and incorporated APA regulations regarding setbacks on walls and fences in the Shoreline District and Schedule E.
The foregoing resolution is ADOPTED: Aye – 6 Hislop, Van Hoven, Tivnan, Alexander, Walker, Muller No – 0
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Report of the Zoning Officer
Lauren Murphy, the Town of Essex Zoning Officer, questioned the Board about the zoning issues in the new revision of the Zoning Law. There was a discussion of the Provisions Deli renting another space in the old Fire Station as a retail space and whether it constituted a change of use. Mr. Muller said that he didn’t think the Planning Board should be adjudicating competition. After discussion, it was agreed that there was no change of use in this circumstance.
Public Comment
None
Adjournment
On a motion by Mr. Muller to adjourn the meeting, seconded by Mr. Hislop, the regular meeting of the Town of Essex Planning Board is adjourned at 8:25 p.m.
Catherine DeWolff
Town Clerk