PLANNING BOARD

TOWN OF BERNE

P.O. Box 57

Berne, NY 12023

Date: November 4, 2010

Present: Gerard Chartier, Chairman; Tim Lippert; Alan Rockmore; Katherine Hill-Brown; Mike Vincent; Wayne Emory, Town Board Liaison.

Guests: Patty Boice; Don McCann; John Jasniewski; Dawn Jordan; Madeline Huether; James Huether; Charles Tommell; Allison Warnken; Matt Warnken; Joe Reinisch.

PUBLIC HEARING

Huether - Mr. Chartier called the public hearing to order at 7:08 pm. Mrs. Huether wishes to subdivide the current parcel consisting 98.40+/- acres into two lots, one lot consisting of 7.0 acres and the remaining lot being 90+/- acres. A third parcel will consist of 0.50 acres which will be a non-buildable half acre lot intended to be annexed to adjoining Parcel Id. No. 81.-1-19. Said parcel is located at 321 Elm Drive, noted as parcel Id. No. 81.-1-8.11.

Mr. Rockmore performed a site review. The property is well staked and flagged and he did not have any problems locating the pins. The well and septic system were obvious to locate. He was concerned that there was a right of way through the property owned by Mr. & Mrs. Warnken and questioned whose responsibility it was to maintain the road. Mr. Warnken stated the right of way is in their deed, which is recorded as Deed 2816, page 445. Mr. Reinisch is purchasing the 7.0 acre lot and Mr. Chartier suggested they work out who maintains the road.

Mr. Jasniewski purchased the 0.50 acres to be annexed to his property; Mr. Chartier told him his deed would need to be redone and filed with the County Clerk, and he would receive a copy of the approved subdivision map after it was stamped.

A letter was received from the Fisher’s stating they had no concerns with the subdivision.

Mr. Vincent made a motion, seconded by Ms. Hill-Brown, to close the hearing. All were in favor and the public hearing was closed at 7:30 pm.

Mr. Rockmore made a motion, seconded by Mr. Vincent to approve the subdivision. All were in favor and the subdivision was approved.

REGULAR MEETING

Mr. Chartier called the meeting to order at 7:31 pm. The minutes of 10/21/10 were reviewed. Mr. Rockmore requested that the word private be added in front of the word road in relation to the McCann subdivision. Mr. Lippert stated that he and Mr. Rockmore had suggested that the residential wind ordinance be worked on during the workshop meetings after the first of the New Year. Mr. Vincent made a motion, seconded by Ms. Hill-Brown, to approve the minutes with the stated changes. All were in favor and the minutes were approved.

OLD BUSINESS

Tanski – The Tanski’s have not been in to the Building Department to see if they meet the requirements for building. Mr. Vincent stopped in to do a quick site visit and noticed that there were quite a few trees being cut down.

Mr. Rockmore stated that the Warner Lake Association received a notification from the U.S. Corps of Engineers regarding Mr. & Mrs. Trombley who filed a permit application to replace the bulkhead. He checked with the Building Department and was told they had not applied for any type of permit. Mr. Rockmore will send a copy of the notification to Mr. Schaming. Mr. Rockmore stated that because of the rain, the lake was not able to be lowered as is usually done in October of each year for beach maintenance.

There was a five minute recess from 7:40 pm to 7:45 pm.

McCann – Mr. McCann was present with new maps showing the proper setbacks. Mr. Rockmore stated that all the requirements had been met and there was no need for an area variance. Mr. Lippert asked if this was considered a land swap and the applicant was not proposing a public road; and that this was a two lot subdivision and annexation. Mr. Chartier stated that was correct. Mr. Lippert stated that the map notes reflect that the large parcel is for agricultural use only and it should be contingent on the annexation going through. The public hearing will be held on 12/2/10.

Tommell – Mr. Tommell brought in drawings of the new porch and new roof line which will replace the existing uncovered porch. The issue of the fence along one side was discussed. Mr. Tommell stated that the proposed fence would project ten feet past the front of the building line. Mr. Rockmore stated there was 56’ from the house to the road plus another 7 feet to the middle of the road. Ms. Hill-Brown stated that the issue was percentage of coverage of property. Mr. Chartier read the recommendations from the ACPB and it was agreed they had enough information to forward the applications to the Zoning Board. Mr. Vincent asked about the well. Mr. Tommell stated the well casing was next to the house, and that it was a driven well. He also stated that the septic system has a 1,000 gallon tank. Mr. Vincent asked Mr. Tommell to submit a well log. Mr. Lippert made a motion, seconded by Mr. Rockmore, to forward the application to the Zoning Board with a favorable recommendation. All were in favor and the motion was accepted.

OTHER BUSINESS

Mr. Rockmore and Ms. Hill-Brown commented on the training held on 10/23/10 in the Town of Duanesburg which they had attended to satisfy the mandatory annual training requirement. Mr. Rockmore asked if we have been sending the Planning Board’s decisions back to the ACPB, which the secretary stated we do. Ms. Hill-Brown commented on the fact that there was a 2009 ruling that towns and municipalities are not allowed to consider health impacts on cell towers when hearing applications. Mr. Vincent asked about the cumulative health affects of several towers and antennas and that the Planning Board never got an answer to that question when reviewing the NEXRAD Doppler weather radar facility application. Mr. Chartier said there was a court decision pertaining to Use Variances that trumps local zoning and that the FCC ruling took it out of the hands of local boards. Ms. Hill-Brown said there were timing requirements for review of applications for cellular facilities and they needed to be completed within 150 days and the time frame is 60-90 days for reviewing applications for new co- locaters.

Mr. Chartier stated for the record that everyone has completed the minimum training requirements for 2010.

The American Farmland Trust is holding a roundtable discussion on municipal support for agriculture and farmland protection planning on 11/16/2010 from 10-2pm at the Albany uptown SUNY Campus.

Comprehensive Plan – Mr. Lippert stated the committee is reviewing the entire draft, line by line, and they are 3/4 of the way through it, however it will not be finished in November. There was discussion regarding inclusion of maps showing public trails and forest preserves and parks; Mr. Lippert will bring it up. There has been no date set for a public hearing on the draft Plan.

The Planning Board workshops in January and February will be used to work on the draft residential wind ordinance.

There being no further business before the board, Mr. Rockmore made a motion, seconded by Ms. Hill-Brown, to adjourn the meeting. The meeting was adjourned at 8:35 pm.

Respectfully submitted,

Anita C. Clayton

Secretary