TOWN OF HENDERSON PLANNING BOARD MEETING
12105 TOWN BARN ROAD
DECEMBER 4, 2007, AT 7:00 PM
Committee Members: Dwight Greene, Chairman, Lorraine Doyle, Ned, Martelle, Todd Hyman, Robert Ashodian
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CALL TO ORDER and PLEDGE OF ALLEGIANCE at 7:00 PM by Dwight Greene
ATTENDANCE
NOTE:
Subdivision Requests do not have to be referred to the County.
Town Board Resolution adopted September 10, 1992:NOW, THEREFORE, BE IT RESOLVED, that the Town of Henderson hereby agrees that the following actions shall be considered to be of a local rather than of inter-community or county-wide concern and shall therefore be exempt from referral to the County Planning Board pursuant to General Municipal Law, Section 239m: Site Plans/Special Permits for new buildings or additions consisting of less than 500 sq. ft. where the principle use will occur within the new structure; unless the new building or addition will require a new or improved access point onto a State or County roadway; All Site Plans/Special Use Permits for the placement of individual single and two family houses, including mobile homes, or manufactured houses. No applications that fall within these guidelines will be referred to Jefferson County Planning.
HEARING #1:
Request of L Paul Bryant, represented by Mr. Bryant and Lee Giroux
Located at 13390 Paradise Park Rd Ext
On Parcel#105.08-1-17.2
Zoned Lake Front
Which borders properties owned by Irwin Stone, William & Theda Chamberlain, and Don & Linda Colon.
For a Site Plan Review to allow an on premises Bed and Breakfast which requires a "Special Use Permit"
DISCUSSION FROM LAST MONTH
Ms. Sally Stevens was present and commented about the size of the property; the width and steepness of the private dead end road which is maintained by all; the tight proximity all cottages to each other; the problem with parking; the problem that emergency vehicles would have getting to the area; and the fact that she felt it was inappropriate request for a residential community containing so many old homes.
Letters were received from Jeff Averill, Judith and Gary Graus, Eileen Despard Henion and Donald Colon and were read to those present and placed on file.
Mr. Bryant will be sent a letter and asked to attend the next meetings. Included will be copies of the letters received from each of the above.
NEW DISCUSION: This parcel represents 8/10 of an acre of land, but some of the property is on a hill so it doesn't appear to be that large. The cottage has three bedrooms/three baths, one of which will be kept for private use, two which will be offered for renting, with a total capacity of six using the cottage. There are no other expansions. As reported by Mr. Bryant, the septic tank, according to the prior owner William Chamberlain, is more than sufficient. Mr. Bryant has not dug it up to validate that report. Mr. Bryant has been to the DOH and reports permits are not needed for anything under four bedrooms. He also stated that nothing was required from the County Building and Codes Office. He will be grading a portion of the land to allow for five parking spaces. A letter submitted by Mr. Bryant was read and placed on file.
NEW PUBLIC COMMENTS: A list of properties for rent that Elliott Realty provides was presented to the Board by Garrett McCarthy. Mrs. Sally Stevens made the remark that she did not rent her property as stated in Mr. Bryant's letter and that she still does not feel a Bed and Breakfast is an appropriate business for that area. There was more discussion about the proposed business and Dwight Greene explained a "Special Use Permit" and how the Planning Board's review consisted of traffic, parking, lights, noise, or any other item that might affect the business and/or neighbors.
Again Mr. Bryant spoke stating that since he was from Baltimore, he had very little company. He stated that his neighbors had more visitors and family at their homes than he will have with his Bed and Breakfast business. He also stated that all of the neighbors' visitors have to cross his property, but none of his visitors will have to cross the neighbors' property. Mr. Bryant also stated that because of the curve in the road, he would be glad to put up a mirror if necessary. He said at least all of his parking would be on his property where others have to use lands of Mr. Chamberlains for which to park if they have a lot of company. In fact, Mr. Graus has created extra parking spaces at the top of the hill already.
SEQR: MOTION by Lorraine Doyle, second by Todd Hyman, declares the proposed action to be a TYPE II action under Article Eight of the NYS Environment Conservation Law, which determines there is no significant impact on the environment and no further review is necessary.
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
CLOSE PUBLIC HEARING MOTION by Ned Martelle, second by Robert Ashodian
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
The project was discussed. Bob Ashodian stated that a lot of families have more than two bedroom homes, large families, and that this cottage is no different. He stated he also couldn't see a lot of traffic changes. Todd agreed and stated that he would request that the parking area be finished and approved by the ZEO before the compliance is issued. He also verified that this did not include adding any signage or new lights. Lorraine Doyle agreed with Bob and clarified that because Mr. Bryant was the first cottage on the road, any new traffic created by the "bed and breakfast" would not adversely affect those cottages at the end of the road. Ned stated he had looked at the land and saw no potential problems.
DECISION MOTION by Lorraine Doyle, second by Todd Hyman, approves the above application for a "Special Use Permit for a "Bed and Breakfast on Parcel #105.08-1-17.2 with the stipulation that the Bed and Breakfast cannot open for business until the ZEO has inspected and approved the five required parking spaces and has issued the owner, Mr. Bryant, a Certificate of Compliance .
Roll Call Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
HEARING #2:
Request of Catherine Veley, represented by Mrs. Veley's brother, Bill Larkin
Located at 11703 Ramsey Shores West
On Parcel #97.50-1-16
Zoned Lake Front
Which borders properties owned by the Verbeck Trust and Joseph & Rhea Mahar
For a Site Plan Review on a non-conforming lot of record to allow an 8 X 8 shed and slab.
DISCUSSION: According to the ZEO this project was already complete before any applications were received. Mrs. Veley then applied to the ZBA and received the necessary variances. She now needs Planning Board approval.
PUBLIC COMMENTS: None
SEQR: MOTION by Robert Ashodian, second by Todd Hyman, declares the proposed action to be a TYPE II action under Article Eight of the NYS Environment Conservation Law, which determines there is no significant impact on the environment and no further review is necessary.
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
CLOSE PUBLIC HEARING MOTION by Robert Ashodian, second by Todd Hyman
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
DECISION MOTION by Robert Ashodian, second by Lorraine Doyle, approves the above application for a Site Plan Review as presented.
Roll Call Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
PRESUBMISSIONS:
Dr. William Dallas: 105.07-1-36.11: Brought in plans for a subdivision of his land into four new parcels. All looked well. He was advised however that an agreement for ingress and egress should be drawn up for each parcel involved, and that a road agreement was necessary.
Historical Society: 106.09-2-27 - Represented by John Treadwell, Marianne Gandolfo and Florence Maurer Discussed building a boat museum. They will return to the ZEO for a new application
William Jackson: Parcel #106.05-1-6.3 - Subdivision to enable a conveyance of the lake front property to Eric Dunk. Mr. Jackson has requested that the Planning Board send him a letter stating that the residual piece of property is a conforming lot according to the Town of Henderson Subdivision Laws so that he may begin a release of lien on that property. The Planning Board Clerk/Subdivision Inspector will be glad to do this if they so wish. The remaining frontage if 155 feet with a total of 5.42 acres.
Don Smith referred questions to the Subdivision Inspector for Parcel #106.00-2-13. He came before this Board a year ago, but never filed the requested subdivision. Now he wishes to change it and apply again. The Board felt there was nothing wrong with his present plans, but he will need to return to the Planning Board for a new approval.
OLD BUSINESS:
Pete Price, Parcel #106.00-1-53.23 - No Certificate of Compliance issued: Not present - via a phone message to Dwight Greene he stated he had no luck with asking National Grid to remove the duplicate poles and he can't landscape until that is done. Mr. Price will be sent another letter asking him to return to the Planning Board on April 1, 2008.
NEW BUSINESS:
Motion by Lorraine Doyle, second by Todd Hyman that because New Years' Day is on the first Tuesday of January, the day the Planning Board would normally meet, the next Planning Board Meeting for the Town of Henderson will be Tuesday, January 8 at 7:00 PM.
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene, Robert Ashodian
APPROVAL OF MINUTES
Motion by Robert Ashodian, second by Lorraine Doyle, approves the November Planning Board Minutes.
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene
ADORNMENT
Motion by Lorraine Doyle, second by Todd Hyman, adjourns the meeting.
Voting Yes: Lorraine Doyle, Ned, Martelle, Todd Hyman, Dwight Greene
Respectfully Submitted
Charlotte R. Richmond, Planning Board Clerk
