July 5, 2012 Planning Board Meeting Minutes and Resolution

Town of Essex Planning Board Regular Meeting

 

July 5, 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:      Mark Walker, Pat Tivnan, Chairman James Van Hoven, Derrick Wrisley, Olive Alexander, H. Nicholas Muller III

 

ABSENT:  David Hislop

 

ALSO PRESENT:      Town Clerk, Catherine DeWolff and Lauren Murphy, Code Enforcement Officer

 

GUESTS:  Barbara Kunzi, Kevin Shaw

 

Review and Acceptance of Minutes – June 7, 2012 meeting minutes

On a motion by Derrick Wrisley, seconded by Olive Alexander, the minutes of the June 7, 2012 meeting of the Essex Planning Board are accepted and approved by majority with James Van Hoven and Pat Tivnan abstaining due to being absent from the proceedings.

 

Old Business - None

 

New Business

Tax Map #40.73-5-14.000 – Barbara Kunzi – Site Plan Review application for a new house to be built in the Historic District.

 

Chairman Van Hoven related that this is only the 5^th new house built in the hamlet since they moved here in 1977.

 

Pat Tivnan asked if Jim and Nick need to recuse themselves because they are on the 500’ neighbors list.  There was a discussion of recusal.  It was agreed that since this was not the public hearing, where the neighbor list would be an issue, the entire board could consider the application at this point in time.

 

There was a discussion of Ms. Kunzi’s application, particularly of setbacks.  Ms. Kunzi advised the board that there are various setbacks in the hamlet and that her house wants to make as little a statement as possible.  There was a discussion of the gravel driveway.  Mr. Muller advised that the purpose of the setbacks was to insure emergency vehicles have access.

 

On a motion by H. Nicholas Muller III to deem the application complete, seconded by Mark Walker, the resolution to deem the application complete is ADOPTED:  Aye – 6        No – 0

 

Mr. Muller asked the applicant, Ms. Kunzi, if waiting until August for the public hearing hindered her plans.  Ms. Kunzi replied that no it would not.

 

On a motion by Olive Alexander to schedule the public hearing for the August 2^nd meeting of the Planning Board, seconded by Pat Tivnan the resolution to hold the public hearing is ADOPTED:   Aye – 6                 No – 0

 

Report of the Chairman

Chairman Van Hoven addressed changes to the proposed Zoning Law and advised the Board about the concerns of Robert Somers of Ag and Markets with our law particularly the rights and responsibilities of farmers.  2/3 of Essex lies in the Agricultural District and farming is exempt from a number of zoning regulations.  Mr. Van Hoven advised the Board that he put together some changes for the Ag district in that he is suggesting a section in the beginning of the law adding a description of what Ag and Markets Law is as well as adding certain definitions to the definition list.  He further related that Ag & Markets would like to find some middle ground between the APA and the Town.  An abbreviated process for farms will allow the Zoning Officer and the Planning Board  to know what is happening on a farm and recognize that farmers will not have to go through  the lengthy application process.  Changes in the Law were made consistent with this and Pat’s suggestions will offer further word-smithing.  Ann (Holland) will help to get this in front of the Town Board next week and, hopefully, we can get this finished by September or October of this year.

 

Olive Alexander questioned the Chairman about farms in the Shoreline Overlay District.  Chairman Van Hoven responded that this was the APA’s jurisdiction.

 

Lauren Murphy, Zoning and Codes Enforcement Officer, asked about the set backs needed for wells and added that she would like to see some wording added to the revision to protect private water supplies.  The Chairman asked Ms. Murphy if she had the suggested wording and reminded that Ag Law deals with public health and safety.  There was a discussion of farmlands and set backs for wells.  The Chairman said that the way he saw it is that Ms. Murphy is on the spot with this as the Zoning and Codes Officer as it would be a health and safety issue and that she could go to Ag and Markets as it is their job to adjudicate those types of concerns.  Ms. Murphy said that she would still like to see some sort of definitive wording added to the revision of the Zoning Law.

 

Mr. Muller brought up the question of what happens when buildings or houses on a farm don’t meet our conditions under the proposed abbreviated applications.  There was a discussion of whether that would come under Ag and Markets Law or APA.  Currently the law states that if they are abandoned for 3 years they have to be removed.  Mr. Muller asked which law addressed this issue.  Mrs. Alexander responded that she thinks Planning should leave it up to Ag and Markets.  Ms. Murphy said that she thought that we should address this ourselves.  Mr. Walker asked how long the abbreviate process would take with the Chairman replying that every effort will be made to expedite farm applications. There was a lengthy discussion of rendering, a bi product of slaughtering, and adding more wording, however, the Planning Board agreed that further wording was not necessary.

 

There was a discussion of historic designation and eligibility for farms.  Mr. Muller said that he didn’t think an “ex-parte” could tell an owner what they can do with their property.  He further stated that he cannot support a third party saying you are eligible for historic designation. Mrs. Alexander added that the law says that farm operations are exempt and if you put in eligibility, you are putting a burden on people.

 

The Chairman read the law under “demolition”.  He advised that he added the phrase that Lauren wants now.  We  put it in our revision regarding historic eligibility.  Ms. Tivnan asked whether a farm now needs a demolition permit.  The Chairman responded yes.

 

On a motion to adopt the Resolution accepting the Zoning Revision with the modifications/changes as discussed by Olive Alexander, seconded by Mark Walker who added that it looks fine with the changes, the resolution is ADOPTED:  Aye – 6 No – 0 and is appended to these minutes.

 

Report of the Zoning Officer

 

Public Comment

Kevin Shaw, a resident of the Town, appeared before the Planning Board to discuss his plan to rent stand up paddle boards on the property owned by Wayne Gryk, better known as the Essex Ice Cream Café.  He told the Board that it was his hope to get into a brick and mortar building and that this season would likely be a temporary solution.  His goal, he advised, is to promote an outdoor recreation business.

 

Mr. Muller said that the issue he was hearing was how does he get through the process to make it work for this season.  Kevin Shaw asked what kind of permit he would need.  The Chairman responded that he will need a Special Use Permit, a process that would take more than a month.  The Chairman didn’t think it would be feasible for this season.  Kevin said that he is simply joining with another existing business.

 

Mr. Muller mentioned that the signs at the Inn are a problem.  Ms. Tivnan questioned why the difference if the service is offered to guests or the public, where does the he change his use?  The Chairman said that if for their guests, that is one thing, but for the public it is another and that is a problem.  The problem, he further related, is that we are duty bound to follow the law, it is not prohibited but it is required that they go through the process.  People in good faith are in violation of the law out of ignorance.  The Town would want to be satisfied that all considerations are covered.  Kevin Shaw said that he is not trying to buck the system, but that going through the process is difficult.   There was a discussion of signage.  The Chairman told Mr. Shaw that his timing is awful, if he had applied in April, he would be all set.  Mr. Shaw said that he was being forced by circumstance to attempt something for this season.  Mr. Muller asked the Chairman if  they could hold a special meeting as going through the process would bring the applicant into September.  Chairman Van Hoven advised Kevin Shaw that if he could get with Lauren and get the documents together, including Wayne Gryk’s written permission, we could try to get to it into the August meeting – whether it’s worth your while is up to you he further advised.

 

Chairman Van Hoven advised the Board that they have a letter from Diane and Stephanie who operate Provisions which is a plea to use the off-premise sign in front of Pat Burn’s place next to the Art Association.  They did not submit an application but are using this letter as such.  The Chairman further recommended that  we give them permission to keep the sign for the remainder of the season.

 

On a motion by James Van Hoven and seconded by Pat Tivnan to allow Provisions to keep their off premise sign for the remainder of the 2012 summer season the resolution is ADOPTED:  Aye – 5                No – 1 Walker

 

Adjournment

On a motion by H. Nicholas Muller III to adjourn the meeting, seconded by Derrick Wrisley, the meeting is adjourned at 9:33 p.m.

 

 

Catherine DeWolff

Town Clerk

 

Town of Essex Planning Board

Resolution to Recommend the Adoption of Further Amendments to the

Town of Essex Zoning Law Revision

 

On a motion by Olive Alexander and seconded by Mark Wrisley, that the Town of Essex Planning Board adopts the following additional Zoning Law Revisions to the draft of the law dated October 25, 2011 and recommends their adoption to the Essex Town Board, the proposed changes being made following receipt of comments from the NYS Department of Agriculture and Markets and Cornell Cooperative Extension:

 

1. A.      Add the following section to Article I of the Law.  Further sections of that Article would have to be re-numbered.

SECTION 1.5 Agricultural District #1 and NYS Agricultural and Markets Law.

 

Approximately 2/3 of the Town of Essex lies in Essex County Agricultural District #1.  See Schedule H of the Appendices to this Law for a visual representation of this district as of July 2012.  The district’s boundaries may be changed periodically by the Essex County Legislature.

 

Section 305a of New York State Agricultural and Marketing Law 305a states: “Local  governments,  when exercising their powers to enact and administer comprehensive plans  and  local  laws,  ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in this article [Article 25-AA of the Agriculture and Markets Law],  and  shall  not unreasonably  restrict  or  regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened.”  The Town of Essex will be so guided.

 

A description of “farm operations” from Article 25-AA of the above law is included in the Definitions section of this law.

 

Accordingly, farm operations as defined in the law that are in the Agricultural District are exempt from Special Use Permits as well as Special Use Permits with Site Plan, with the exception of those that lie within the Hamlets of Essex and Whallonsburgh, and Low and Moderate Intensity Zoning Classifications.  In those instances an abbreviated Special Use Permit with Site Plan” must be completed, and approved by the Planning Board.   See below, Section 7.10 “Streamlined Special Use Permit with Site Plan”, p —.

 

1. B.      Add the following to Article 7:

 

Section 7.10 “Abbreviated Special Use Permit with Site Plan Review.”

 

The following is required for proposed land use changes to farm operations that lie in both Agricultural District #1 and the hamlets of Essex or Whallonsburgh, or in Low or Moderate zoning classifications.

 

Submission to the Planning Board of the following:

 

1. 1.      Sketch of the parcel on a location map showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known Easements or rights-of-way and roadways.  Show existing features of the site including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.
2. Show the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic.  Show the proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas, or manure storage/manure composting sites.
3. Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views.  Include copies of any available blueprints, plans or drawings.
4. Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes.  Include the name and address of the applicant and any professional advisors.  If the applicant is not the owner of the property, provide authorization of the owner.
5. If any new structures are going to be located adjacent to a stream or wetland provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
6. Required fee.

 

In considering the action, the Planning Board will make every effort to expedite review and approval.  No public hearing, SEQR, or professionally stamped plans are required.

 

The Zoning Officer will determine if a structure is subject to local and state building codes prior to issuing a permit.

 

 

1. C.      DEFINITIONS.   Add the following to the definitions section) they are verbatim from AML Law:

 

Farm operation means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a “commercial horse boarding operation” as defined in subdivision thirteen of this section, a “timber operation” as defined in subdivision fourteen of this section, “compost, mulch or other biomass crops” as defined in subdivision sixteen of this section and “commercial equine operation” as defined in subdivision seventeen of this section.  Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.[1] [AML 301(11)]

 

Crops, livestock and livestock products shall include but not be limited to the following:

a.  Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.

b.  Fruits, including apples, peaches, grapes, cherries and berries.

c.  Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.

d.  Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

e.  Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, wool bearing animals, such as alpacas and llamas, milk, eggs and furs.

f.  Maple sap.

g.  Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump.

h.  Aquaculture products, including fish, fish products, water plants and shellfish.

i.  Woody biomass, which means short rotation woody crops raised for bioenergy, and shall not include farm woodland.

j.  Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nucs and queens.  For the purposes of this paragraph, “nucs” shall mean small honey bee colonies created from larger colonies including the nuc box, which is a smaller version of a beehive, designed to hold up to five frames from an existing colony. [AML 301(2)]

 

Commercial horse boarding operation means an agricultural enterprise, consisting of at least seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production.  Under no circumstances shall this subdivision be construed to include operations whose primary on site function is horse racing.  Notwithstanding any other provision of this subdivision, a commercial horse boarding operation that is proposed or in its first or second year of operation may qualify as a farm operation if it is an agricultural enterprise, consisting of at least seven acres, and boarding at least ten horses, regardless of ownership, by the end of the first year of operation. [AML 301(13)]

 

                  Timber operation means the on-farm production, management, harvesting, processing and marketing of timber grown on the farm operation into woodland products, including but not limited to logs, lumber, posts and firewood, provided that such farm operation consists of at least seven acres and produces for sale crops, livestock or livestock products of an annual gross sales value of ten thousand dollars or more and that the annual gross sales value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products. [AML 301(14)]

 

Compost, mulch or other organic biomass crops means the on-farm processing, mixing, handling or marketing of organic matter that is grown or produced by such farm operation to rid such farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm generated organic matter that is transported to such farm operation and is necessary to facilitate the composting of such farm operation’s agricultural waste.  This shall also include the on-farm processing, mixing or handling of off-farm generated organic matter for use only on that farm operation.  Such organic matter shall include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste, vegetation, wood biomass or by-products of agricultural products that have been processed on such farm operation.  The resulting products shall be converted into compost, mulch or other organic biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials.  For purposes of this section, “compost” shall be processed by the aerobic, thermophilic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material. [AML 301(16)]

 

Commercial equine operation means an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars of more in gross receipts annually from fees generated through the provision of commercial equine activities including, but not limited to riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products, or through both the provision of such commercial equine activities and such production.  Under no circumstances shall this subdivision be construed to include operations whose primary on site function is horse racing, notwithstanding any other provision of this subdivision, an agricultural enterprise that is proposed or in its first or second year of operation may qualify as a commercial equine operation if it consists of at least seven acres and stables at least ten horses, regardless of ownership, by the end of the first year of operation.  [Signed into the AML on 8/3/11, Chapter 384] [AML 301(17)]

Also,

Add “farm operations” to Commercial Use definition in last sentence between words “include” and “campgrounds”.

Add the following sentence to the definition of Agricultural Structure:  “This includes farm worker housing.”

Change the definition of Agriculture Use to read:  “Any management of any land for agriculture or the processing of agricultural products: the raising of cows, horses, pigs, poultry and/or other livestock, horticulture, or orchards, including the sale of products grown or raised on land owned or leased by a farm, and including the construction, alteration, or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds.”

Delete proposed addition regarding slaughterhouses.

Delete “Farm” from definitions.

1. D.      Make the following changes to these other parts of the proposed law:

 

Section 4.1-3.  Add phrase to end of sentence.”…if farm operations require more than one apartment, the owner or lessee must apply to the Zoning Board of Appeals for an area variance.”

 

Section 4.5 Demolition.     Add this sentence: Farm operations in the Agricultural District are exempt these requirements unless the structure to be demolished lies within the Essex Hamlet and Historic District, or is or has been declared eligible to be placed on the State or National Register of Historic Places.

 

Section 4.14 Mining/Resource Extraction.    Add to section 4.14-4 “Farm operations that intend to remove material in aid of farm operations and that receive a waiver from the New York State DEC and Adirondack park Agency must file such waivers with the Town.”

 

Section 4/15 Mobile Home Regulations.  Add this introductory paragraph:  Mobile Homes used for farm worker housing in the agricultural district are considered agriculture structures and are not subject to these regulations.  If they are not used for farm operations for three years they must be removed.

 

Section 4.18  Outdoor Storage.  Revise last sentence to read as follows:  Such requirement shall not be deemed to apply to construction materials stored on-site during a period of construction, or agricultural products or materials, including logs or firewood.

 

Section4.21-3 Protection of Agriculture/Required Disclosure.  Replace sentence in quotation marks with the following, taken directly from state law;

 

"It  is  the  policy  of  this  state  and this community to conserve, protect and encourage the development and  improvement  of  agricultural land  for  the  production of food, and other products, and also for its natural and ecological  value.  This  disclosure  notice  is  to  inform prospective  residents  that the property they are about to acquire lies partially or wholly within an agricultural  district  and  that  farming activities  occur  within  the  district.  Such farming activities may include, but not be limited to, activities that cause noise, dust and odors.  Prospective  residents  are  also  informed that the location of property within an agricultural  district  may  impact  the  ability  to access  water  and/or  sewer  services  for  such property under certain circumstances.  Prospective purchasers are urged to contact the New York State  Department  of  Agriculture  and  Markets  to  obtain  additional  information  or  clarification  regarding  their  rights and obligations under article 25-AA of the Agriculture and Markets Law." (AML 310)

 

 

The foregoing resolution is ADOPTED:  Yes 6, No 0, Absent 1, Abstain 0.

I hereby certify that this resolution was adopted at the July 5, 2012 regular meeting of the Town of Essex Planning Board.

Catherine DeWolff, Town Clerk