Town of Hartwick Planning Board
April 7th, 2009
Meeting Minutes
Call to order 7 p.m.
Pledge of Allegiance
Attendance:
Board Members: G. Horth, F. Thering, T. Schlesier, V. Rozella, A. Briggs, P. Ingalls, A. Hasak for A. Thomas (also acting as Secretary).
Others: H. Whipple, S. Bush, B. Kolka, Mrs. Kolka, K. Miller
Minutes of Last Meeting:
V. Rozella made a motion to approve the March minutes with no changes.
T. Schlesier seconded. All Ayes. Motion carried.
Correspondence:
Letter from O.C. Highway superintendent Ronald P. Tiderencel
on Hawthorne driveways and letter from O.C. Planning Board's with their decision on Hawthorne Hill Subdivision . Both letters were read out loud by G. Horth.
Public Hearing:
Hawthorne Hill Subdivision
Open Public Hearing at 7:15p.m. of Hawthorne Hill Subdivision
There was no Public comment.
V. Rosella closed Public Hearing at 7:17 p.m.
Public Comment:
None.
TRAINING REPORT:
G. Horth reported on recent training provided by O.C. Planning Dept. He encouraged all H.P.B. members to attend SEQR training to be held tomorrow night, as he felt this, the most valuable of the series to the Planning Board.
G. Horth informed the Board; that according to the training; lot size, road frontage, or density can not be regulated without Zoning. There is no legal standing to do so.
Enforcement Officer Report: Position still vacant. No candidates known.
Planning Board Intake Clerk/Secretary: Last month the P.B. sent the Town Board a request to hire Jane Wood, Former Town Clerk and PB intake clerk. There was neither response, nor any mention in the minutes from Town Board on our request to hire Jane. G. Horth talked to Jane and she said the TB has her resume and Letter of Interest. There are no other candidates known to the PB.
SIGNS:
Tim & Connie Haney sign request for The Cooperstown Bat Company at the Depot building. The sign is larger in length than the (8) eight feet the sign law allows (being 11.5 feet in length), but with-in the maximum square footage. The sign already exists and is being moved from the previous location. It would be a hard-ship to make a new sign.
The board was provided with pictures of the sign and a map of the proposed location. G. Horth viewed the actual sign. G. Horth stated he approved of the sign. The PB reviewed pictures of the sign and felt the sign was appealing. The Hanley's want to place the sign in the middle of the entrance on the county route 11 side of their property, far enough back to allow pedestrian traffic between their sign and county route 11. Their hope is this placement will slow down "turn around" traffic now using their driveway, thus making it safer for patrons and pedestrians.
V. Rozella made a motion to waive the public hearing on the over size sign, as allowed by the sign law. T. Schlesier seconded. Vote all Ayes. Motion carried.
A. Briggs made the motion: To accept a variance for the 11.5 foot length of the existing "The Cooperstown Bat Company" sign as it would be a hard-ship to make a new sign. Additionally, the sign should allow enough set-back to allow for a legal width walkway between County Route 11 and the sign, in the event a sidewalk is installed at some future date. V. Rozella seconded. Vote all Ayes. Motion carried.
- Henry Loeffler III, "Anvil & Hammer" sign application for the front of his shop on Pleasant Valley Rd. P. Ingalls made motioned to approve the sign as presented. A. Briggs seconded. Vote all Ayes. Motion carried.
Jurisdictional Determination:
Discussion of D. Huntington's non-conforming billboard sign variance. The sign ordinance was reviewed and the related section was read to the board.
While billboards are not allowed in The Town of Hartwick, the ordinance recognizes the existence of signs which would not conform to the provisions of the sign ordinance, but pre-existed it.
"It is the intent of this ordinance to permit these non-conforming signs to continue until they are removed or discontinued, but not to encourage their survival" for a period of seven years from inception of the sign law.
However, D. Huntington was granted a "variance" first by the Town Board, the agency of higher appeal authority, and then again by the Planning Board.
The "Sign Law" clearly states:
"If approved, a requested variance shall remain in effect for as long as the applicant continues to operate said business."
The general opinion of the Planning Board:
The PB board found no place in the law in which a variance can be issued with a time limit and felt that the PB board or the Town Board in doing so was improper under our present law.
A. Hasak also felt the billboard probably meets the historical sign provision of the sign law as well.
As long Donald Huntington, the applicant, continues to operate his business of advertisement on the billboard, he has no not need to apply for any further variance and the original variance stands, unless such time a new sign law is adopted by the town, if it contains a "sundown" clause. At that time he may have to again request a variance.
A letter will be sent to Mr. Huntington.
Development Projects:
None.
Real Property Changes:
Simple Split:
Edward Greenaker's representative Jammathon Snyder of ERA Cavanagh-Wright Real Estate provided the board with a subdivision sketch map of a Simple Split of a 162 acre property Tax Map # 161.00-1-14.00 which Mr. Greenaker wishes to split at the County Highway 45 separation into two parcels of a 100 acres and 62 acres more or less. The property is located between Bill Powers Rd and Burdick Rd.. Mr. Snyder also provided the board with a proxy letter to represent Mr. Greenaker. G. Horth asked Mr. Snyder if he had the application and paid the fee to the Town Clerk. Mr. Snyder said he had been unable to catch the Town Clerk and was unsure of the Clerks hours. Mr. Snyder was informed as to the hours and fee. Mr. Snyder disclosed to the board that Alternate PB Member S. Bush, who was in the audience, was expected to purchase one of the parcels when split.
V. Rozella made a motion to approve the simple split and allow PB Chair to sign the approval at such time that proof that the fee is paid to Town Clerk is presented and a Proper written Application is submitted to the Town and PB Chair. Since the road is a clear boundary a survey of the property is waived. A copy of the final deed will be provided to the PB with-in (90) ninety days. T. Schlesier seconded. Vote all Ayes. Motion carried.
.
Major Subdivision Review:
Hawthorne Hill Subdivision
Helderberg Realty - Henry Whipple
Re-Subdivision Restriction has been agreed to by Mr.Whipple and is placed on Preliminary subdivision map. Final "Preliminary Plat" Survey Map was reviewed by the PB.
The County Planning Board's Decision was reviewed by the Board.
The Planning Board had neither further additions to the list of requirements nor changes to the Preliminary Subdivision Plat.
V. Rozella made a motion that no further Public hearings will take place on the project and to approve the Preliminary Subdivision Plat. T. Schlesier seconded. Vote all Ayes. Motion carried.
The $ 100.00 Final Plat filing fee will not be required of the applicant, as he has already paid fees of $ 100.00 in excess of the law.
The PB felt they were ready to move ahead on the Final Subdivision Plat, if the applicant was ready. Mr. Whipple provided the Board with the Mylar of the Final Subdivision Plat. Each PB member reviewed the Final Subdivision Plat. It was overlaid on the approved Preliminary Subdivision Plat and deemed correct.
V. Rozella made a motion to approve the Final Subdivision Plat as presented. A. Briggs seconded. Vote all Ayes. Motion carried.
PB Chair, G. Horth signed and placed seal on Mylar.
Public Comment:
K. Miller - Asked what land uses of the subdivision would require someone to return to the PB.
G. Horth responded generally any non-residential use.
Regulation Revision Work:
Peddler Law was handed out to board members for review.
G. Horth informed the board, that at the numerous Marcellus Gas Drilling information sessions he had attended, he had learned that a Noise Ordinance and Peddler's Law were two of the things Towns should adopt to protect their inhabitants. He supports gas drilling and the Hartwick Land Owners Coalition, but wants it to be responsible and residents protected.
.
P. Ingalls made a motion to adjourn. V. Rozella seconded. Vote: all Ayes.
Meeting adjourned at 8:20 p.m.
Respectfully submitted
Gregory A. Horth, Chairperson
Hartwick Planning Board
P. Ingalls made a motion to approve the April minutes as written. T. Schlesier seconded. All ayes, Motion carried.(5/5/2009)
