Village Of Sackets Harbor
 Minutes 

May 02, 2007: Planning Board

Body:
 

Village of Sackets Harbor

Planning Board

112 N. Broad Street, Sackets Harbor, NY 13685

MINUTES

May 2, 2007

I.               Call to Order

Chairman Warneck called the meeting to order at 7:00p.m.

II.        Establishment of Quorum

            Members present: Chairman Paul Warneck, Eric Constance, Mark Crandall, Mary Jo Deans, Steven McPherson, G. Hale Smith, Stephen Swain and ZEO James Corbin

            Members absent: Janet Quinn

           

III.       Approval of Minutes:

A motion was made by Mary Jo Deans, seconded by G. Hale Smith to approve the meeting minutes of April 4, 2007 and April 11, 2007.  Vote carried 5-0-2 / Eric Constance and Stephen Swain abstained

IV.   Old Business

A.    06-47   Stephen Crandall, 103 East Main Street, proposes construction of a deck, skylights and a privacy fence.  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 was held.  Contingent approval granted pending approval of variance from ZBA.

                        Nothing new at this time.

        B.    06-51   Battlefield Commons, LLC, Hill, Ray, Bayard & Edmund Streets, proposes a 19 lot subdivision. Project requires review under the Subdivision Control Law.  Drawings are being revised per Village Engineer comments. The Planning Board has been granted lead agency status by all involved agencies.  The Village has agreed to the drainage plan.  Waiting for approvals from other agencies.

        Nothing new at this time

C.    06-61 David & Linda Kerr, 202 General Smith Drive, applicant proposes a resurfacing of existing driveway.  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 was held.  The project is tabled at the request of the applicant until they return north.

Nothing new at this time.

D.   

06-D.     06-62 Seaway Homes LLC, proposes a 60 lot subdivision to be known as Sackets Meadows on their property (formerly Valentine Farm) located off Dodge Avenue. Project requires review under the Subdivision Control Law.   Preliminary plat approval given.  Waiting on applicant for further information prior to Final Plat approval.  Meeting with Village Engineer on May 3, 2007

E.     06-63 Harbor Acquisitions, 202 West main Street, applicant proposes a railing on the back of the restaurant.  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 was held.  ZEO Corbin sent a registered letter but it was unclaimed, agent has accepted it since.

        Nothing new at this time.

F.     07-08   Carthage Area Hospital, Madison Barracks, Sackets Harbor, the applicant proposes a sign.  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. 

A motion was made by Steven McPherson, seconded by G. Hale Smith to remove the application from tabled status.  Vote carried 7-0

Mr. Tom Ellis from Sign Designs represented the applicant and explained the application.  The sign is to be located where a previous sign was located.  Mr. McPherson and Mr. Crandall suggested that one sign be used for all businesses in Madison Barracks rather than several individual signs.

The Public Hearing was opened at 7:09pm.

After hearing no comments a motion was made at 7:10pm by Eric Constance, seconded by Mark Crandall to close the Public Hearing.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Steven McPherson to accept the application as complete.  Vote carried 7-0

A motion was made by Steven McPherson, seconded by Mark Crandall to declare this action a Type 1 action under SEQR, to dispense with the reading of the EAF, to declare the Planning Board as lead agency, and to issue a negative declaration in regards to SEQR.  Vote carried 7-0

A motion was made by Eric Constance, seconded by G. Hale Smith to approve the application as submitted.  Vote carried 7-0

        G.    07-09   Harbor View Homes, Building 66, 105 Barracks Dr., Sackets Harbor, applicant proposes to install a sign.  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. 

A motion was made by Steven McPherson, seconded by Mary Jo Deans to remove the application from tabled status.  Vote carried 7-0

The Public Hearing was opened at 7:14pm.

After hearing no comments a motion was made at 7:15pm by Eric Constance, seconded by Steven McPherson to close the Public Hearing.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Mark Crandall to declare this action a Type 1 action under SEQR, to dispense with the reading of the EAF, to declare the Planning Board as lead agency, and to issue a negative declaration in regards to SEQR.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Stephen Swain to accept the application as complete.  Vote carried 7-0

A motion was made by Steven McPherson, seconded by Mark Crandall to approve the application as submitted.  Vote carried 7-0

        H.    07-11 George McCulloch, 101 Bayview Place and General Smith Drive, Sackets Harbor, the applicant proposes an amendment to the Madison Barracks PDD. Project requires review under the Zoning Laws of the Village of Sackets Harbor, Historic District Guidelines and the terms of the Madison Barracks PDD.

                Attorney Scott Chatfield said that he would be representing the applicant in front of the Planning Board and Attorney Ron Sharpe would be representing the applicant in front of the Village Board.  Mr. Chatfield said that this application is solely to change the zoning classification of the parcel of land.  Chairman Warneck said that the Planning Board would rather base its recommendation on changing the lot line at the same time.  Mr. Constance asked if an adjacent land owner can amend a PDD.  Village Attorney Dave Geurtsen replied that there is nothing in the Zoning Laws that says they can not.  Mr. Constance asked if a PDD can be changed and would the change affect the whole PDD.  Mr. Geurtsen replied that the PDD was approved for approximately 377 lots; this will be considered one of those lots.  Chairman Warneck said the decision is ultimately the Village Board's to make.  Mr. Constance asked if the costs for the amendment and the local law be recouped from applicant fees.  Mr. McCulloch said that he would be paying for all costs.  Mr. Chatfield noted that the originally approved house on lot #1 would not change; only taking 20' and adding it to the nonconforming lot.  Chairman Warneck noted that the applicant is also asking that an easement be moved to allow a building to be built on that lot.  Mr. Chatfield said that it is not the applicant's intent to move the pipe, only the easement description.  Chairman Warneck stated that the 1999 infrastructure agreement has not been met and the street and water and sewer have not been dedicated to the village.  He asked what the applicant could do to ensure the fulfillment of the agreement.  Mr. McCulloch said that the sewer lines were being installed now.  Mr. Chatfield said that they hoped the Village would not hold the applicant to the completion of the agreement since the additional lot does not depend upon the Madison Barracks infrastructure.  Mr. McPherson also suggested that the lot line be included in the law with the zoning change.  Mr. Geurtsen suggested that clear sheets be referenced for changes to the PDD.  Mr. McPherson noted that the letter from Mr. Charron describing what the applicant is asking for be referenced in the recommendation to the Village Board.

A motion was made by Steven McPherson, seconded by Mark Crandall to recommend the amendment of the PDD to allow the addition of the additional lands adjacent to Lot #1 of Bayview Estates Subdivision with the following stipulations: 1. The Board notes that applicant proposes the relocation of an approximately twenty foot drainage easement in favor of the Village which encumbers the parcel which applicant proposes to add to the PDD.  The Village should be aware that other developments currently pending in the Village, including the Sackets Meadows project, may request or require, depending on the Village engineer's recommendations, the use of this drainage easement, and thus the Village should obtain assurance from it's engineers that the relocation of the easement does not pose engineering or other practical difficulties for other projects or land users in the Village.  2. The proposal will require the relocation of a boundary line for existing Lot #1 of the Bayview Estates Subdivision, reducing the size of Lot #1 and adding the land taken from Lot #1 to the applicant's lot to be added to the PDD.  The Planning Board suggests that the local law include this lot line adjustment so that the need for applicant to seek separate subdivision approval will not be necessary.  It is however understood that any development of the lot added to the PDD will be subject to the Planning Board's site plan review procedures.  3. The Board notes that the road, sewer line and water line serving Bayview Estate's portion of the PDD has yet to be turned over to the Village, and although applicant here  has represented that the lot proposed to be added to the PDD will not require access from this private road serving the remainder of the Bayview Estates lots, or the sewer and water lines serving the existing Bayview Estates lots.  Whether or not that proves to be true, the Board is concerned that the construction of infrastructure serving the Bayview Estates lots, and the dedication of the street, water and sewer lines serving Bayview Estates, be complete before development of any further lots, including the applicant's additional lot be permitted.  Finally, the Planning Board notes that the original PDD allowed Three Hundred and Seventy Six (376) dwelling units to be developed, and thus the addition of applicant's lot would have the affect of either reducing the total number of units that could be developed by other owners in the PDD, unless the Village amends the PDD further to allow for one additional dwelling unit.  Although applicant presented a letter from the representative of the major land holder in the PDD, Michael Campbell, consenting to the use of one of the dwelling units, there are other land owners potentially affected, and thus this is a further issue that the Village Board should address prior to, or in the course of adoption of a PDD amendment.  Vote carried 7-0

Chairman Warneck noted that the Village Board should consider the terms of the 1999 Infrastructure Agreement as well.

V.    New Business

        A.    07-12   Fort Pike Commons Apartments, Dodge Ave., Sackets Harbor, applicant proposes landscaping around pool area and dumpsters.  Project requires review under the Zoning Laws of the Village of Sackets Harbor, Historic District Guidelines and the terms of the Madison Barracks PDD.

                Mr. Paul Jesse explained the application.  Chairman Warneck asked how high the arborvitaes will be around the dumpsters.  Mr. Jesse said that he has $3,000 for the entire project and he will purchase the highest that is possible within budget.  Chairman Warneck asked if a fence had been considered.  Mr. Jesse noted that fences need maintenance.  Mr. Crandall agreed to work with the applicant to create a plan.

A motion was made by Steven McPherson, seconded by G. Hale Smith to table the application pending submission of photos as planted.  Vote carried 7-0

        B.    07-13   Susan Roach, 206 E. Main Street, Sackets Harbor, applicant proposes a sign.  Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines.

A motion was made by Mary Jo Deans, seconded by Steven McPherson to acknowledge the application.  Vote carried 7-0

The Public Hearing was opened at 8:24pm.

Mr. Michael Kinnie said the sign would be a good thing.

After hearing no further comments a motion was made at 8:25pm by Steven McPherson, seconded by Stephen Swain to close the Public Hearing.  Vote carried 7-0

A motion was made by G. Hale Smith, seconded by Mark Crandall to declare this action a Type 1 action under SEQR, to dispense with the reading of the EAF, to declare the Planning Board as lead agency, and to issue a negative declaration in regards to SEQR.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Stephen Swain to accept the application as complete.  Vote carried 7-0

A motion was made by Stephen McPherson, seconded by G. Hale Smith to approve the application as submitted.  Vote carried 7-0

        C.    07-15   Andrew Hanzlian, 201 W. Main Street, Sackets Harbor, applicant proposes a sign and a window.  Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines.

A motion was made by G. Hale Smith, seconded by Eric Constance to acknowledge the application from.  Vote carried 7-0

Mr. Constance asked where the sign would be located.  Mr. Hanzlian replied it would be at the far right corner and it would be framed with varnished mahogany. 

The Public Hearing was opened at 8:31pm.

Mr. Larry Barone noted that he has an old picture of the building with a window and a door on that side of the building.

After hearing no further comments a motion was made at 8:33pm by Mark Crandall, seconded by Mary Jo Deans to close the Public Hearing.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Steven McPherson to declare this action a Type 1 action under SEQR, to dispense with the reading of the EAF, to declare the Planning Board as lead agency, and to issue a negative declaration in regards to SEQR.  Vote carried 7-0

A motion was made by Stephen Swain, seconded by Steven McPherson to accept the application as complete.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Stephen McPherson to approve the application as submitted.  Vote carried 7-0

        D.    07-17   Arts Association of Northern New York, 219 E. Main Street, Sackets Harbor, applicant proposes a sign.  Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines.

A motion was made by Mark Crandall, seconded by Steven McPherson to acknowledge the application from.  Vote carried 7-0

The Public Hearing was opened at 8:39pm.

After hearing no comments a motion was made at 8:40pm by Eric Constance, seconded by Mary Jo Deans to close the Public Hearing.  Vote carried 7-0

A motion was made by Mark Crandall, seconded by G. Hale Smith to declare this action a Type 1 action under SEQR, to dispense with the reading of the EAF, to declare the Planning Board as lead agency, and to issue a negative declaration in regards to SEQR.  Vote carried 7-0

A motion was made by Steven McPherson, seconded by Stephen Swain to accept the application as complete.  Vote carried 7-0

A motion was made by Chairman Paul Warneck, seconded by Stephen McPherson to approve the application as submitted.  Vote carried 7-0

        E.     07-18   Janet Kinnie, 101 Monroe Street, Sackets Harbor, applicant proposes to reconstruct a deteriorated shed/utility room and construct a 10' x 18' enclosed porch.  Project requires review under the Zoning Laws of the Village of Sackets Harbor and Historic District Guidelines.

A motion was made by Mary Jo Deans, seconded by Eric Constance to acknowledge the application from.  Vote carried 7-0

Ms. Kinnie said that the utility room would be expanded out on an existing foundation.  Mr. McPherson asked what the door would be and noted that a catalog cut would need to be submitted.  Mr. Corbin said that Jefferson County Building Codes may require different siding

because the building will be constructed so close to the neighbor's fence. 

The Public Hearing was opened at 8:49pm.

After hearing no comments a motion was made at 8:50pm by Eric Constance, seconded by Mary Jo Deans to close the Public Hearing.  Vote carried 7-0

A motion was made by Stephen Swain, seconded by Mark Crandall to declare this action a Type 1 action under SEQR, to dispense with the reading of the EAF, to declare the Planning Board as lead agency, and to issue a negative declaration in regards to SEQR.  Vote carried 7-0

A motion was made by Mary Jo Deans, seconded by Stephen Swain to accept the application as complete with the following contingencies: the roof pitch, shingles, and windows to match the house, catalog cuts to be submitted for door; door to be steel as indicated.  Vote carried 7-0

A motion was made by Stephen McPherson, seconded by G. Hale Smith to approve the application as submitted with catalog cuts to be submitted for the door.  Vote carried 7-0

VI.   Pre Submission Conferences

Mr. Brian Kall, 106 Ambrose St., for a garage and addition in the Historic District.  Applicant to submit a formal application.

Mr. & Mrs. Andrew Crabb, 209 W. Main St., for a change of use and possible alteration to business.  Applicant to submit a formal application.

Mr. Mark Pacilio, Sackets Harbor Trading Company/Kitchen, Madison Barracks, for a change of use and a sign.

Mr. Steven McPherson, Navy Point Marina, for a temporary movable gazebo.  Applicant to submit a formal application.

VI.       Adjournment

The next Regular Planning Board Meeting is scheduled for June 6, 2007 at 7:00 p.m. in the Municipal Building.  There being no additional business, a motion was made by Chairman Paul Warneck, seconded by Steven McPherson to adjourn the meeting at 9:47p.m.  Vote carried 7-0

            Respectfully submitted,

            Lisa M. Gregory

Planning Board Secretary