Month of August...
Town Board Meeting August 11, 2008
Board members and town officials present: Carol Wingart, Eileen Falk, Ben Johnson, Supervisor, Kathy Michelle, Town Clerk, and Lou Meckle. Highway Supt. George Kinch, Water and Sewer Dept, Scott Bierny, Dave Sparling, Code Enforcement Officer. In audience, Tony Ritter, ZBA Chair, and Ed Jackson, Chair of Planning Board.
There were around 10 people in the audience, including those involved in the agenda items noted below.
Correspondence; (When Chris posts the minutes, you can read the routine stuff. I'll just include items that led to discussion. )
S.C. Treasurers office corresp. regarding collection of property taxes in installments, which the county said had a favorable response. Board member Carol Wingart objected, stating that the town will lose interest on the money, and, as a tax collector for many years, it was her experience that seniors paid up front, and others will now use the installment plan simply because they can, and it will cause a lot of extra work for the Tax Collector.
Division Reports:
Routine reports from Highway, Water and Sewer, and Building Dept. (see minutes)
Upper Delaware Council Report:
With some prompting from Supervisor, the UDC rep reported that Carol Collins, from the Delaware River Basin commission, met with the UDC regarding gas drilling, and it was stated that the DRBC does have control over the taking of water, and would play an active role in regulating gas drilling. Also Ms Collins said the DRBC will assist the UDC with money for the towns to work on this issue via TAG grants.
Also regarding gas drilling, it was announced that the state will be creating a Supplemental GEIS over this year, with public hearings, and any current permits seeking approval prior to its completion in the Spring of 2009, will be subject to a complete SEQRA review. (From what I've read, the gas companies are betting that the new regs will be lenient that a full SEQRA review, and so will hold off until the new regs are in place. I'm sure they are spreading loads of lobby cash around Albany in an effort to get the weakest regs possible)
Old Business:
To finish discussion of gas drilling taskforce funding, the Board approved $1500 and there will be $90,000 in grant money to be shared by Highland, Cochecton, and Delaware, who are all part of the Taskforce. The effort to protect our infrastructure, and general safety, was called "groundbreaking' and will be coordinated by Sullivan County Planning...more on this later.
Melva Jackson, Luxton Lake resident, received the driveway permit she has been seeking for a long time.
Sandy Goldin, a resident of the Flats, engaged with the Board in a lengthy discussion of 'paper roads' (road designations that exist from the 1800's on town maps, which are getting in the way of the Goldins selling their property) The town approved a motion to relinguish their claim to ever building a road through her property. There are other properties affected, and its the town attorney's advice that each needs to be settled individually.
New Business:
Eagles Nest road adoption request. Developer Bob Wiegers is asking the Town to adopt the road that leads into the Eagles Nest subdivision on Route 97. The road was built to exceed town specs, and was approved by the Planning Board. Apparently the developer did not request this adoption before because he considered the development to be a gated community. Apparently it will not be that. Ben Johnson pointed out to the board that the town is not obligated to take any road over, and adopting a road constitutes an expense to the town. Mr. Weigers said that he was led to believe that this was his option.
The board passed a motion to have a final inspection of the road done by the Highway Dept. to facilitate the process of road adoption.
Other discussion:
Cell Tower...in response to a question from the public, it was announced that the there are no firm providers and that is the effort, to get a firm commitment from a service provider. the tower will be 185 feet, and will be located behind the Highway dept. and the Town will receive 1/2 the revenue as will as use for emergency services, as part of the Municipal Town Ownership program.
Dog Kennel....still in progress. Also to be located on Highway Dept property.
By Major Chaos
Planning Board Meeting August 18, 2008
Present: Ed Jackson (Chairman), Ken Baim, Dick Crandall, Jack Lang, Shorty Strumpler, Georgia Campfield, Michael Eury. Kathy Michelle, Town Clerk, and wildlife specialist, and Tony Ritter, ZBA Chair, also were in the audience, along with Mr. and Mrs. Bosser, and those involved in the sale of the Sklar property (Cackletown Road). They included Gary Packer, Engineer, the seller, the buyer, the realtors, and possibly an attorney. This property has been declared environmentally sensitive, and the habitat of endangered timber rattlesnakes. The DEC will have the final word on permitting.
A Public Hearing scheduled for 7:25 tonight was canceled at request of the applicant. and rescheduled for 9/22/08 at 7:25.
Coresspondence:
Gas Drilling Information Seminar for those considering signing a lease: Sullivan West High School sponsored by Sullivan Co. Planning (Bill Pammer) at 6:30PM Tues August 26, 2008. There will be an attorney from Binghampton, and a geologist.
General discussion on gas drilling....Ed Jackson reported on meeting with DEC in Binghampton, the receipt of $ 12,000 in TAG grant assistance for the above mentioned Taskforce ...(I know, my figures on this TAG grant are not consistent...for accurate information, you can call the UDC) A "loop system" was discussed, where the water used in fracking would go from truck, to well, back to truck, to be re used. Also there is strong possibility of using rail, rather than trucks for transport. the next Taskforce meeting will be held on Tues Sept 2, at 6:30PM, and the public an attend, but not comment.
The Board then moved on the discuss the property. Gary Packer presented maps of two proposed access roads into the property. the proposal is to separate out 14 acres with home on it, which will leave 200.3 acres which the buyer is seeking to purchase as a hunting preserve. Chairman Jackson asked (quietly) "is there an intent to develop?" Mr. Packer said the is the proposal at this moment. Jackson said the proposed access road maps will need to be reviewed by the DEC, and the NPS. The realtor objected to review by the NPS. Some at the meeting wanted to review the maps, which they did.
It was agreed that the Board will table the proposal until they hear back from the DEC (and Park Service?) They will let Mr. Sklar and the buyer know when they hear from these agencies. I would assume there will be a Public Hearing, possibly not until October.
Bosser property; The history is, Mr. and Mrs Bosser, purchased three parcels in the early 90's, an acre on one side of the road, and three acres on the other side. At that time, two acres and 200 feet road frontage was a buildable lot. According to them, they were advised by the tax assessor at that time, that they could create one lot, and thus save on taxes, and that they could switch it back to three lots later. Approximately 5 years ago, Tusten updated its zoning code to require three acres and three hundred feet of frontage to build. The Planning Board was about to refer the Bossers to the Zoning Board for a variance, since the lot they wished to sell was three acres, with 200 feet of road frontage. But Chairman Tony Ritter pointed out that his Board could not grant a variance, because the Bossers had created their own hardship by merging the three lots. Ed Jackson read a letter from Sullivan Co Planning, which warned that creating a substandard lot (ie violating our zoning code) would create a precedent, and they in effect advised against doing that. It is not their decision.
The Board disagreed on how to proceed, with some totally opposed to setting this precedent, and others saying the Board could OK the substandard lot and let the buyer negotiate with the ZBA to build on it.
After much discussion, it was clear that they would not come to an agreement, so they moved to have a public hearing at which time the Board will vote on whether to create a substandard lot or not. Mr. and Mrs. Bosser, who apparently own other properties which they are subdividing and selling, were told to advise all their neighbors by mail, and to have an attorney review all the deeds to the properties. the Public Hearing was set for October 20, just prior to the 7:30 Planning Board meeting.
Speaking as a member of the public, my concern would be that the precedent referred to is the Town itself, ie. the Planning Board, disregarding its own Zoning Code. If they do this for the Bossers, regardless of extenuating circumstances, what is to prevent the next applicant, who wants a one acre lot, or whatever, from citing this precedent, getting whatever they want, and thus, we have no zoning. Stay tuned.
By Major Chaos