Effort To Change A Portion Of The 1988 Land Use Regulations Is Still A Work In Progress
By Doug La Rocque
At the July Planning Board meeting, the issue of whether a public hearing is necessary for that Board to approve a minor lot line adjustment between two parties was again raised by surveyor Fred Haley. He indicated it was his belief it was not, citing many other towns in the county that do not require it. Board member Frank Mace explained the rule was still part of the Town’s law and had to be followed until changed by the Town Board. A resolution to do just that was introduced at the August 10 Town Board meeting, which would give the Planning Board the discretion to do away with the hearing requirement in such cases.
Town Board member Steve Riccardi said he was in favor of the revision, but wanted Town Attorney Don Tate’s input before enacting the change. The Board approved the resolution unanimously, with the provision it not take effect until such legal advice was received.
Town Supervisor Rob Jaeger tells The Eastwick Press that Tate has since advised them that before such a revision to current law can be enacted, the Town Board must first hold a public hearing. Supervisor Jaeger said that will be scheduled as soon as possible. So in the meantime, any changes, including minor lot line adjustments, must still go before a Planning Board public hearing before they can be approved.
Planning Board Chairwoman Pamula Gerstel also told the Board they are scheduling a meeting with Senior Planner Jean Loewenstein of the engineering firm Clough Harbour. That company has been hired by the Town to advise them in the matter of the proposed expansion of the Aquafarm facility. At issue is the long form version of the SEQR requirement, submitted by the company’s representative, Barton & Loguidice. Loewenstein has informed the Board she feels there are several incomplete answers on the form that was presented, and the Board wants these questions answered before sending it on to the Town Board for final approval. The Town Board has declared itself the lead agency in the matter. The bill for Clough Harbour’s services will also be picked up by the owners of the Aquafarm, as is required by law.
Planning Board fees were another issue that came up that evening. Right now, the Planning Board charges $25 per application, a level the Town Board feels is substantially lower than other similar sized municipalities in the County. The Town Board would like to see that fee raised to $100 for most subdivision proposals, but remain at $25 dollars for smaller applications like the minor lot line adjustments mentioned above. The Board asked Gerstel to confer with Building Inspector Allan Yerton and Zoning Board of Appeals Chairman Nick Adams, and report back to them with a new fee proposal.
Still Looking For The Elusive Roadside Mower
Highway Superintendent Jim Winn said he has been fielding some complaints from Town residents about high grass along town owned roads. Berlin’s mower is no longer functional, and efforts to replace it have yet to be successful. Winn believed he had such a replacement lined up, but told the Board last month, it was “sold out from underneath us.” He and Board member John Winn have since been looking for a machine they could rent, but this late in the season, that was not successful. Councilman Winn said he might have a line on a mower from a company in Vermont, but that it too was not immediately available. Superintendent Winn said he will address the high grass problem, as soon as they find a piece of equipment they can buy or rent. He also said that through the shared services program with the Rensselaer County Highway Department and neighboring towns, several town roads have been chip sealed, which means oil is first applied to the surface and stone placed on top of it. Berlin also helped the Town of Stephentown with similar work earlier in the month. The Superintendent also reported the Town will be receiving FEMA monies to help pay for the clean up after the March 14 blizzard.
Lightning Causes Damage To Water District # 1
Commissioner Leonard Clapp told the Board a recent lightning strike caused serious damage to the water district facility. It has since been repaired and is again fully operational. The bill for the repair however, came to over $6,000. Supervisor Jaeger said that while the Town administers the District’s funds, it would be up to their board of director’s to seek any insurance reimbursement, if applicable. Water District # 2 Commissioner Jim Winn said all is quiet with the village’s water system, no serious problems in the last month.
In other department reports, Codes Enforcement Officer Yerton said the new Dollar General store is up and running, but still is on a generator as electrical service has not yet been established. He said he approved the use of the generator because its noise level is below the state established guidelines. There Berlin Fire Department has been called in two instances, because a door left open has permitted some of the fumes from the generator to seep into the building. There have been no injuries. The store held its official Grand Opening on Saturday, August 12.
Dog Control Officer Doug Goodermote is looking to set up a Fall Rabies Clinic, and reports he is helping out the Town of Stephentown, whose DCO recently resigned. Not many children took part in this year’s summer swim program – in fact only eight. It costs the town’s youth commission $400 dollars to fund the program at the Hoosick Town Pool, plus whatever the Berlin School District may charge for the use of a bus to transport the participants. Supervisor Jaeger said recent meetings with county officials and other local town officers about shared services have focused somewhat on youth services, with an eye toward possibly combining some programs. Town Clerk Anne Maxon reported local, county and state revenues of $5,456.75 for July, and non-local revenues of $1,398.05.
The Board went into executive session before adjourning the meeting. They will next gather for their monthly workshop session on Thursday, August 24.