TOWN OF HARTFORD PLANNING BOARD MEETING
FEBRUARY 23, 2010
MEMBERS PRESENT:
MIKE SWEZEY, CHAIRMAN
GARY BURCH
JOHN HOLMES
LEONARD MOORE
PHILIP GIBSON
CHRIS DEBOLT, ALTERNATE
ALSO PRESENT:
DENISE PETTEYS, PLANNING BOARD CLERK
DANA HAFF, TOWN SUPERVISOR
KEVIN EASTMAN, COUNCILMAN
KARA LAIS, ATTORNEY FOR THE TOWN
CHAIRMAN SWEZEY OPENED THE MEETING AT 7:02 P.M.
MOTION MADE BY HOLMES SECOND BY MOORE TO APPROVE THE MINUTES OF THE JANUARY 26, 2010 MEETING. MOTION WAS APPROVED UNANIMOUSLY.
NEW BUSINESS
10-02 HAPPY SITE PLAN
PATTY HAPPY APPEARED BEFORE THE BOARD PROPOSING TO OPEN AN ART STUDIO IN EXISTING STRUCTURE LOCATED ON GIBBS ROAD. SHE EXPLAINED THAT SHE WOULD LIKE TO BE LISTED ON THE WASHINGTON COUNTY OPEN ART STUDIOS TOUR FOR 2011. SHE NEEDS TO APPLY IN 2010 AND BE JURIED IN ORDER TO BE LISTED ON THE 2011 SCHEDULE. THERE WAS LENGTHY DISCUSSION REGARDING HER ANTICIPATED ACTIVITIES AND THAT HER APPLICATION WOULD BE COMMERCIAL SINCE SHE HAS THE POTENTIAL OF SELLING ITEMS THAT ARE NOT PRODUCED ON THE SITE. SHE WAS ADVISED THAT SHE SHOULD RETURN WITH FORMAL SITE PLAN APPLICATION. ON MOTION OF HOLMES SECOND BY GIBSON IF THE APPLICANT IS SUCCESSFUL ON HER APPLICATION TO THE OPEN ART STUDIO TOUR WITH THE WASHINGTON COUNTY TOURISM COMMITTEE, FOR THE BOARD TO COOPERATE TO HELP THE APPLICANT WORK TOWARD GETTING HER FORMAL APPLICATION RESOLVED ONCE SUBMITTED. MOTION WAS APPROVED UNANIMOUSLY BY ROLL CALL VOTE.
10-01 BURCH SUBDIVISION
DUANE BURCH APPEARED BEFORE THE BOARD WITH ATTORNEY LEAH EVERHART REGARDING A PROPOSED 2-LOT SUBDIVISION FROM AN EXISTING +-262 ACRE LOT LOCATED AT BIG BURCH HILL AND BURCH ROAD. SHE EXPLAINED THAT SHE FELT THAT SINCE THIS SUBDIVISION APPLICATION WAS FOR +30-ACRES IT FELL INTO THE EXEMPT SUBDIVISION CLASSIFICATION. SHE SAID THAT MR. BURCH WAS TRYING TO MOVE FORWARD WITH THE SUBDIVISION WITHOUT HAVING TO GO THROUGH THE EXPENSE OF OBTAINING A MYLAR BECAUSE THE BOUNDS OF THE PROPOSED LOTS ARE EXISTING ROADS, WITH BOUNDARIES THAT ALREADY EXIST. HOLMES SAID THAT THIS ACTION WOULD NOT FALL UNDER THE EXEMPT SUBDIVISION DEFINITION BECAUSE IT WAS MORE THAN A SINGLE PARCEL OF LAND.
THERE WAS DISCUSSION THAT THE WAY THE LAW IS WRITTEN THE DEFINITION HAS SEMI-COLONS SEPARATING THE SPECIFIC ITEMS. KARA LAIS, SAID THAT SHE AGREES WITH LEAH EVERHART’S INTERPRETATION OF THE LAW WHERE “SINGLE PARCEL…” MODIFIES THE SITUATION OF A SUBDIVISION FOR A FAMILY MEMBER. IF SINGLE WERE TO MODIFY THE WHOLE PROVISION THEN SHE BELIEVES IT WOULD START AT THE VERY BEGINNING, WHICH WOULD SAY, “A SINGLE DIVISION OF LAND APPROVED…” LEAH
FEBRUARY 23, 2010 PLANNING BOARD MEETING PG. 2 OF 2
EVERHART SAID THAT THE LAW SEEMS TO BE AMBIGUOUS ON THIS ISSUE AND THE LAW REQUIRES THAT THE BOARD INTERPRET IT THE WAY THAT BENEFITS THE APPLICANT.
DEBOLT SAID THAT TWO THOUGHTS COME TO HIS MIND, ONE BEING THE ISSUE OF WHAT MR. BURCH’S INTENTION FOR THE PARCELS ARE AND THAT HE IS SUBDIVIDING THEM TO HIMSELF. BUT IF THERE WILL BE 3 NEW TAX PARCELS WITH THREE INDIVIDUAL DEEDS, THEN THE BOARD HAS TO LOOK AT IT NOT NECESSARILY ON WHAT MR. BURCH IS DOING RIGHT NOW BUT HE ULTIMATELY MAY SELL THOSE LOTS. THE SECOND ISSUE REGARDING THE EXEMPTION - IT SEEMS THAT THE EXEMPTION (THE SPIRIT OF THE LAW) IS THAT CHUNKING OFF 30 ACRES IS OKAY. AND SINCE THERE ARE ALREADY ROADS THERE DELINEATING BOTH PARCELS - HE DOESN’T SEE ANYTHING RADICAL ABOUT THIS MATTER OR THE INTENT OF THE EXEMPTION.
HOLMES SAID THAT IF THE INTENT IS TO ULTIMATELY SELL THE LOTS AND THE BOARD HAS PLACED IT THROUGH THE EXEMPT PROVISION, THEN IS HE GOING TO BE CAUGHT UP IN THE 5-YEAR ISSUE. SWEZEY SAID YES HE WILL.
BURCH ASKED HOW THEY WOULD BE DEALING WITH OBTAINING 3 TAX MAP NUMBERS AT THE COUNTY - THROUGH DEEDS. LEAH EVERHART SAID THAT THEY WOULD BE DEALING WITH THE COUNTY FOR THAT ISSUE. DEBOLT SAID THAT HE IS CERTAIN THAT THE COUNTY CLERK WILL NEED SOME TYPE OF VERIFICATION/COMMUNICATION FILED FROM THIS BOARD STATING HE APPEARED AND THE ACTION IS APPROVED. THERE WAS DISCUSSION THAT AN OFFICIAL CERTIFIED RESOLUTION WOULD BE FINE.
ON MOTION OF MOORE SECOND BY GIBSON THAT THE BURCH SUBDIVISION APPLICATION BE ACCEPTED AS AN EXEMPT SUBDIVISION. MOTION WAS APPROVED BY ROLL CALL VOTE WITH BURCH VOTING ABSTAIN, HOLMES VOTING NO.
NOTE: CLERK COLLECTED REQUIRED $100 RECREATION FEE AND $25 APPLICATION FEE.
ATTORNEY FOR THE TOWN INFORMATION
SUPERVISOR HAFF SAID THAT FITZGERALD MORRIS BAKER FIRTH WAS REAPPOINTED BY THE TOWN BOARD EFFECTIVE MARCH 1, 2010 WITH A NEW BILLING SCALE OF $135/HOUR. HE EXPLAINED THAT THE OLD UNLIMITED BILLING WILL NO LONGER BE IN EFFECT AND THAT EVERYONE NEEDS TO BE FRUGAL WITH THE LEGAL ADVICE AND ATTENDANCE. HE SAID THAT HE WOULD ORGANIZE CONTACT INFORMATION FOR OTHER FREE RESOURCES THAT THE PLANNING BOARD CAN CONTACT IN ORDER TO MITIGATE A BILLABLE HOUR WITH THE ATTORNEY FOR THE TOWN.
BURCH ASKED IF SUPERVISOR HAFF WANTED THE PLANNING BOARD TO DELAY A DECISION UNTIL THE PLANNING BOARD CAN OBTAIN LEGAL ADVICE? SUPERVISOR HAFF REPLIED THAT THE 15-DAY NOTIFICATION SHOULD HELP PLAN IF THE PLANNING BOARD NEEDS AN ATTORNEY PRESENT AT EVERY MEETING ETC.
THERE WAS DISCUSSION REGARDING THE ELDRIDGE LANE PROPERTY REGARDING LEAD AGENCY AND THE CONCERN THAT THE ATTORNEY FOR THE TOWN NEEDS TO BE PRESENT SINCE THE COUNTIES WILL BE LOOKING TO DO SOMETHING WITH THE PROPERTY SOON.
HOLMES ASKED THAT THE EXEMPT DEFINITION OF THE SUBDIVISION LAW BE CLARIFIED BY THE ATTORNEY FOR THE TOWN.
FEBRUARY 23, 2010 PLANNING BOARD MEETING PG. 2 OF 3
MOTION MADE BY MOORE SECOND BY DEBOLT TO ADJOURN MEETING. MOTION WAS APPROVED UNANIMOUSLY. MEETING ADJOURNED AT 8:05 P.M.
RESPECTFULLY SUBMITTED,
DENISE PETTEYS, PLANNING BOARD CLERK