The Question Of When A Public Hearing Is Needed, Again
By Doug La Rocque
Surveyor Fred Haley raised the issue of public hearings at the Planning Board Meeting on Thursday, July 27. In question is a lot line adjustment on Cherry Plain Hill Road. Haley contends that such a minor adjustment, in this case two acres, that does not create a new lot or involve construction, does not require a public hearing be held before the Board can approve the transfer. Indeed, in many towns in Rensselaer County, this is no longer a requirement.
Board Chairwoman Pamula Gerstel explained that Berlin does not have that provision on the books yet, but that she has asked the Town Board to approve such. She also stated that she checked with the Rensselaer County Bureau of Real Property Tax, and that they backed up her conclusion. Board member Frank Mace further went on to explain that the Planning Board draws its authority from the Town Board, and until that Board approves such a change, the Planning Board is bound to follow the existing rules.
The matter at hand is a proposal by Illan Levy to sell two acres of his property to his neighbor, William Gilbert, to make Gilbert’s homestead compliant with the Town’s requirement that residential properties in that section of town be at least two acres in size. Gilbert’s is current slightly less than an acre, though he is grandfathered in under the law. Chairwoman Gerstel explained that many years ago the Planning Board had the authority to waive a public hearing, but it was taken away after an incident that involved such an exemption, where there turned out to have been a former gravel mine on the property. That was before New York State passed the Environmental Quality Review Act, known as SEQR. This law now requires a review of all property transaction for any environmental impacts. Haley submitted those documents at the meeting, and the Board voted to accept them, declaring there was no negative impact. A possible compromise was brought forth by Board member Mace, who made the motion to set a public hearing for August 24, but if the Town Board approves the change at their August 10 meeting, the public hearing would be canceled, and Chairwoman Gerstel would be authorized to declare it an exempt action and sign and stamp the application. That motion was approved unanimously. When asked by The Eastwick Press, Town Supervisor Rob Jaeger confirmed that matter would be on the agenda for the upcoming meeting.
SEQR Form For Proposed Expansion Of Berlin’s Aquafarm Considered
Last fall, the company that owns the Sustainable Aquafarm along Route 22, came before the Town Board to drop its proposal for a Planned Development District, and instead go ahead with a request to enlarge its facility at the former Seagroatt site.
The size and scope of the proposed expansion is such, that a long and very complicated SEQR form must be completed before the matter can proceed. The engineering firm of Barton & Loguidice was hired by the company to complete the process. The Town in turn hired Clough Harbour Associates to represent them in the matter. Clough Harbor Principal Planner Jean Loewenstein sent a letter to the Planning Board raising a number of questions on Part 1 of the form where she feels the answers are incomplete, as well as requests for further descriptions of proposed project changes and for a project location map. The Planning Board agreed with Loewenstein’s recommendations and returned the form to Barton & Loguidice for corrections and additions, before the site plan review of the proposal can move forward.
Once this is approved by the Planning Board, it will go before the Town Board to consider the zoning changes that need to be made. The Town Board has also declared itself to be the Lead Agency that must give final approval to the SEQR application. It should also be noted that the SAF corporation, owners of the Aquafarm, are also paying for the Clough Harbour review, not the town.