SPECULATOR - The Village of Speculator Planning Board has turned down Donald Rhodes' application to subdivide his Lake Pleasant Lodge property on Elliot Lane here.
Rhodes explained his plan during a public hearing held Oct. 22. He said the lot he wanted to create would be 65 feet as measured by the village or 68 feet as measured by the Adirondack Park Agency, as the lake frontage winds and turns.
The village Land Use Code requires 100 feet width for a lakefront lot.
Rhodes believes the zoning schedule conflicts with the section of the code that deals with conditional uses, and said he feels his application should be treated as a conditional use.
He noted the proposed lot is in harmony with adjoining properties and the other properties on Elliot Lane.
The APA issued a letter of non-jurisdiction, because the village has an APA-approved local land use plan.
The board members were very concerned with the width of the lot. Once the hearing was closed John Mullens made a motion to deny Rhodes' application based on the requirement for a lot at least 100 feet wide.
Dan Burgess seconded and the other members all voted for the motion: Chairperson Judy Peck, John Foley, Ann Marie Miller, David Hughes and Doug Sietsma.
Rhodes said he would get around the denial by building a shed as a dwelling and do a subdivision at a later date.
There was further discussion of the Rhodes application after the vote; Land Use Enforcement Officer Spencer Tracy will discuss the matter with the attorney to the village.
Donald Leadley, a guest at the meeting, was primarily responsible for developing the village's land use code. He said the zoning schedule should supersede the text, as that is straightforward and the text is subject to interpretation.
The Planning Board's next regularly scheduled meeting will be Tuesday, Jan. 28, 2014 starting at 7 p.m. at Village Hall.
Note: This article is based on draft minutes of the Village of Speculator Board of Trustees meeting of Oct. 22, 2013, as provided by Village Clerk Bonnie Page.