Village of Sackets Harbor
PLANNING BOARD MEETING
WEDNESDAY, APRIL 5, 2006
I. Call to Order: Chairman Cring called the meeting to order at 7:02pm
II. Establishment of a Quorum
Members present: Harold Cring, Mary Jo Deans, G. Hale Smith, Paul Warneck, , Eric Constance
Members absent: Steven McPherson; Janet Quinn.
III. Approval of Minutes: The minutes of February 1st were reviewed and accepted as written. Motion by Paul Warneck with a second by Mr. Constance. Vote 5 - 0 . The minutes of March 1st were reviewed and accepted with two additions. Under Section D 05-68, Revision A, second page, conclude with: "When it was suggested that the services of an architect be used to design the neighborhood, the applicant stated that he was as qualified as an architect, and he began challenging the credentials of the planning board members. After some additional dialogue, the Chair halted the discussion and the applicant hastily exited the room."
Under Section F 06-02 Kross Corporation add that "a public hearing was opened at 9pm and then adjourned to April's meeting to allow Mr. Rowland to procure a letter from Steve Flynn stating he approved of the plan for placement of the A/C unit. " Paul Warneck motioned and Harold Cring seconded the motion to approve the March minutes as amended. Carried 5 -0.
IV. Old Business:
03-405 George McCulloch, Sackets Harbor, proposes four lot subdivision of 1.34 acres on a parcel between Dodge Ave and Old Military Rd. Property was the old NiMo substation. Project requires review as a “minor subdivision”. Applicant has submitted updated information, and the subdivision was approved on 3/26/06. The village attorney is still working on an infrastructure agreement, and we need to receive a completed certificate of work before the approval is activated.
05-76 Eugene & Joyce Renzi, 224 W. Main St, proposes replacement of deteriorated wood fence with new cast iron fence. Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines. We continue to need the signed copy of the revocable license granted by the village for portions of the fence on village property. Applicants are in Florida.
05-77 United States Postal Service, Sackets Harbor, proposes erection of a wood and steel fence in their parking lot. Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines. The application was tabled because it was lacking information. The public hearing was held. Mr. Warneck motioned and Mr. Constance seconded the motion to take the application off the table and begin the review. Motion carried. A letter from owner Thomas Timothey indicates that there will be no wood, that the entire fence will be steel. It was agreed that a steel fence meets the intent of the zoning law. A public hearing was opened at 7:59, and closed on the motion of Mr. Constance and seconded by Mrs. Deans. Carried 5 -0. Mr. Warneck moved and Mr. Constance seconded the motion that the application be accepted as complete. Vote 5-0 Mr. Warneck moved and Mrs. Deans seconded the motion that we declare this a Type I action, declare ourselves lead agency, and issue a negative declaration. Mr. Warneck motioned and Mr. Constance seconded the motion that we adopt a resolution to approve the application. Vote 5-0.
05-68 Revision A, Dave Leger, 262 General Grant Circle, proposes an amendment to the Harbor Haven PDD to change density and lot sizes. Project requires review under Site Plan Review criteria and the Subdivision Control Law and the terms of the PDD. There will only be a public hearing on this project for the subdivision aspect. The Village Board will hold a public hearing for the amended PDD. . No new information has been submitted.
06-01 David Alteri, 362 Dodge Ave. Proposes to subdivide his lot into two lots. Project requires review under Site Plan Review criteria and the Subdivision Control Law as a Minor Subdivision. The project required a variance for 50 feet of frontage and was sent to ZBA. and was approved. The project was tabled at last meeting, awaiting the Mylar final plat, which was subsequently received. We still need a statement that there will be no change of contours. The public hearing was opened at 8:09 and closed at 8:10 with no comments on a motion by Mr. Warneck and a second from Mr. Smith. Carried 5 -0. Mrs. Deans moved and Mr. Constance seconded the motion that the application be accepted as complete. Vote 5-0. Mr. Warneck moved and Mrs. Deans seconded the motion that we declare this a unlisted action, declare ourselves lead agency, and note that no SEQR is needed. Mr. Warneck motioned and Mr. Constance seconded the motion that we adopt a resolution to approve the application with the contingency that we receive a letter indicating there will be no change in contours. Vote 5-0.
06-02 Kaross Corporation, 2141/2 W. Main St., Proposes the addition of two Air Conditioning Units on the back wall of Karen's Diner and the enclosure of roof top units on Karen's Diner. Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines. The project was advertised and the Public Hearing was adjourned. New information has been received showing a picket fence as a screen for the exhaust system. The Planning Board was unanimous in disapproval of this design. It is suggested that the exhaust be left without a screen and painted in a way to minimize its presence. Mrs. Deans volunteered to meet with the applicant and work on a color to be submitted at the May meeting.
A letter was received from Mr. Steve Flynn stating that he would approve of the fence design as long as the A/C was lowered on the rear wall into an enclosed area so it could not be viewed by his patrons. However, the site plan drawing the applicants submitted shows the fence encroaching on Mr. Flynn's property. The Planning Board Chair will communicate with the applicant that we can take no action on the fence until a corrected survey (if it is incorrect) is submitted or a statement is received from Mr. Flynn that he approves the placement of the fence on his property. Mr. Warneck motioned and Mrs. Deans seconded the motion to table the application. Carried 5-0.
05-16 05-21 Revision “A” Dave Leger, Lot # 18 thru Lot #23, Harbor Haven PDD, Monroe St. Sackets Harbor. Applicant proposes changes to the previously established setbacks in the Harbor Haven PDD as well as changes to the configuration and elevations of the previously approved Single Family Residences. Project required review under Site Plan Review criteria and the Subdivision Control Law and the terms of the PDD. Contingencies have been met and approvals granted.
V. New Business:
06-10 Erica Fiola, 113 Bayview Place, Madison Barracks, proposes changes to the previously approved site plan, color changes and a new fence. The project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines and the terms of the PDD. The project was advertised and a Public Hearing is scheduled to be held. Mr. Michael Campbell acted as agent for the owner.
Mr. Warneck motioned and Mr. Constance seconded the motion to begin review of the application. Carried 5 - 0.
Mr. Campbell described how the driveway from Bayview was not as workable as it seemed in the original design; that owners had a hard time with the turn into the rear facing garage, and they had without his knowledge constructed a driveway from Brady connecting to the existing one. Mr. Warneck began by questioning Mr. Campbell's assumption that the driveways had to access Bayview because it was a requirement of the DOH. Mr. Warneck stated that he had spoken with Mr. Boxberger of DOH who said water and sewer was their concern, not public access. Mrs. Deans noted that the zoning law states that lots must have frontage on a public street, but does that mean a driveway? There can be on street parking. Would he consider giving up the driveway from Bayview (in light of no DOH requirement) and landscape it into a lawn and only have a driveway from Brady, with an easement if necessary. Mr. Warneck referenced subdivision approval with only rear access driveways and asked if the homeowners might want to decide which one driveway access they wanted. Mr. Warneck raised a concern that the property may already be at the maximum impervious surface allowed.
Suggestion was made to grant an easement or a right of way on Brady so the homeowner could have access to the garage in the rear. It was noted that Mr. Coleman's restaurant has a public right of way guarantee in his deed covenant, and Fort Pike has an easement for access.
Mr. Campbell was firm in not wanting to abandon the drive from Bayview. He stated he only wanted a ruling on whether the driveway from Brady would be approved or not. He said he could not pursue an easement. Brady is a private road, and he wanted to protect the owners, and he did not wish to go back to them with choices.
Mr. Smith felt that covering the historic brick gutters on Brady with culverts and gravel was a violation of SEQR principles. Mr. Campbell stated that SHPO had reviewed this idea and felt that it was an acceptable plan because the brick was preserved under the pipe and could be restored at some point. Mr. Warneck suggested iron grates as an alternative to pipe and gravel.
Mr. Campbell agreed to take the driveways off the table to further research the issue, and this portion of the application was tabled on a motion by Mr. Warneck and a second by Mr. Constance. Motion carried 5 -0..
A public hearing was called at 8:42 and closed without comment at 8:43 on a motion by Mr. Warneck and a second by Mr. Constance. Carried 5-0.
The other elements of the application, the siding and the railing were discussed without objection. Mr. Warneck moved and Mr. Smith seconded the motion to find the application complete for these two items, to reconfirm our position of nonsignificance for SEQR approval, and approve the application for dark red siding and a steel fence as described in the application. Motion carried 5 -0.
06-09 Andrew Hanzlian, 201 W. Main St, proposes installation of a sign in front yard at the 108 W Main St location. Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines. The project was advertised and a Public Hearing is scheduled to be held.
Mr. Constance motioned and Mr. Smith seconded the motion to accept the application as complete. It was noted that the property has been used as an antiques showroom and shop since the 80's, so there is no change of use. A public hearing was opened at 8:44 and closed on a motion by Mr. Warneck and a second by Mr.Smith with no comment at 8:45. Mr. Warneck motioned and Mr. Smith seconded the motion that the application was complete. The sign placement and size met review requirements.Mr. Warneck moved and Mrs. Deans seconded the motion that we declare this a Type I action, declare ourselves lead agency, and issue a negative declaration. Mr. Smith motioned and Mr. Constance seconded the motion that we adopt a resolution to approve the application. Carried 5 0.
VI. Adjournment to the next regular meeting on Wednesday, May 3rd, 2006 at 7:00 PM in the Municipal Building was made on a motion by Eric Constance, with Mary Jo Deans seconding, Carried 5 -0
Respectfully submitted,
Mary Jo Deans, acting secretary.
