by Bea Peterson
The Town of Hoosick Board held a Public Hearing on Thursday, September 18, to discuss the Town’s Family Subdivision law. The hearing was the result of an issue that recently arose when Brian Boll of Johnson Hill Road appeared before the Planning Board requesting six lots of his 67 acre property be set aside for a family subdivision. The Board granted the request. Subsequently, the lots were put up for sale.
[private]The Board and members of the community agreed this was not the purpose of a family subdivision. The purpose was to ease the process for farmers with large holdings to gift to their children or siblings a few acres to build a home on without having to go through surveying the entire property or impacting future subdivision possibilities for the property. Town Attorney William Ryan, Jr. said selling the lots was not the intent and spirit of the family subdivision law. Town Supervisor Mark Surdam said this is a loophole they hadn’t figured on when the law was made.
Planning Board Attorney Denis King, speaking from the floor, pointed out that when such a subdivision request is made, no proof is required as to the intent. It was further noted that there is no way to enforce the law, though Ryan pointed out that the law could be used to hurt the third party that purchased the property under the family subdivision law.
Surdam said the purpose of the Public Hearing was not to be a jury for Boll. It’s simply that what he did has brought the situation to our attention. “He followed the letter of the law,” said Surdam.
Councilman Bruce Patire added that “we’re going to have to live with that.”
Zoning Board Chairman Jim Hoag, also speaking from the floor, said there has always been a means to subdivide property for family. The discussion continued at some length. Several members of the Town Zoning and Planning Boards were in attendance.
The Board closed the Public Hearing. Following that, a motion was made to pass Local Law #1 of 2014 that a six month moratorium be placed on the Town’s Family Subdivision law for the purpose of reviewing it. The Board also agreed that any approved family subdivision before the date of the Public Hearing was valid.
Patire thanked everyone for coming to the hearing. “It makes our job easier,” he said.[/private]