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Minutes for January 17, 2008
TOWN OF BERNE
PLANNING BOARD
P.O. BOX 57
Berne, NY 12023
Date: January 17, 2008
Present: Gerard Chartier, Chairman; Mike Vincent; Tim Lippert; Alan Rockmore;
Katherine Hill Brown; Wayne Emory, Town Board Liaison.
Guests: John H. Belyea; Lew Buckman; Nan Stolzenburg; Debbie Carney.
The Chairman called the meeting to order at 7:30 PM and the minutes from the
previous meeting were reviewed. Mr. Vincent made a motion to approve the
minutes as written. Mr. Rockmore seconded and all were in favor.
NEW BUSINESS
Nan Stolzenberg addressed the board regarding updating the Comprehensive
Plan for the town. She brought samples of other plans from other towns. The
Town of Berne’s Comprehensive Plan was completed in 1992. Ms. Stolzenberg
discussed NYS guidelines to follow which are contained in Section 272-a of
Town Law. The Town Board would decide who drafts the plan. Options include:
A committee; the Planning Board; and, the Town Board itself. She recommends
a committee of 7-9 members, including representatives from the various
boards and citizens of the town.
It is a legal requirement for the Planning Board to hold a public hearing at
the end and formally submit the draft to the Town Board. It is then the Town
Board’s job to perform a SEQR review, and also to hold its own public
hearing. The County Planning Board also reviews the plan. It is the Town
Board’s job to formally adopt the Comprehensive Plan by resolution.
It is important to state a time frame when it would need to be reviewed
again; usually a regular basis of five years is used. Parts of the old plan
can be carried through to the new one, if old information is relevant.
Goals for the town should be revalidated. Examples: adding wind, solar, and
cell towers. Questions to focus on would be: what the current conditions
are, where we would like to get to, and how to get there.
A survey is generally part of the process. The Town of Berne originally did
a survey, and this was repeated about 4 years ago. The data from the recent
survey was tabulated and is available.
Ms. Stolzenberg is on retainer with the Town and would be willing to act as
consultant to assist at whatever level we feel comfortable with. She has all
the census and demographic data and 80% of the digital mapping is already
done.
Agriculture & Markets offers $25,000 grants to assist with development of
Municipal Agricultural and Farmland Protection Plans. Awards are made on a
first come basis. Even if this year’s allocation is obligated, the Town of
Berne could apply for next year’s funding. Hudson Valley Greenway also
offers $5,000 to $10,000 comprehensive planning grants.
Ms. Stolzenberg recommends breaking the process down into steps, beginning
first with goals and visions, then with maps & analysis. A time frame of
12-18 months is reasonable.
The Planning Board will discuss the options and decide what level of
assistance is desired. Based on this, Nan will prepare an estimate of costs.
OLD BUSINESS
Evangel Church – 1425 Helderberg Trail, Parcel ID No. 70.00-3-27
Mr. Buckman was present to bring the board up to speed as to the changes
made on the drawings of the septic system and water system as recommended by
Albany County DOH. The DOH did not agree the proposal to use the existing
sand filter as a leach field. The sand filter would be rebuilt, the filter
sand would be excavated and a liner would be put around the sand filter. The
sand filter would filter 9,000 gallons a day and would be designed for full
build out. Mr. Buckman went over the drawings that were made on the plans.
The system would be able to handle 100 people with an increase to 200.
A public notice for the draft SPDES discharge permit has been published.
Mr. Buckman stated that the new information would be dropped off to the Town
Hall. Mr. Rockmore will review the plans and discuss them at the next
Planning Board Meeting on February 7, 2008, at which time a date for a new
site review will be set.
Anthony – 1425 Helderberg Trail, Parcel Id. No. 112-1-27
Mr. Jeffers sent a letter of violation out to Mr. Anthony on December 22,
2007 with a copy to Mr. Ryan at the Department of Health. To date, there has
been no compliance or response from Mr. Anthony. (A copy of the violation
letter is in the file).
Walker – 768 Beaver Dam Road, Parcel Id. No. 70-1-23-1
Ms. Hill-Brown performed a site review with Mrs. Walker present. Mrs.
Hill-Brown informed the board that everything was as Mrs. Walker stated. The
garage would start in line with the porch. It is 35 feet from the road and
cars are parked where the garage would be. It is 13 feet from the house and
she is very limited as to where the garage can be placed because the septic
pipe runs behind the area of the proposed garage and it could not be moved
back. A minimum variance of 5 feet is needed. A letter was received from the
CAB dated 1/14/08 that this is not an environmental issue, and they would
not review further.
Mr. Rockmore made a motion to recommend that the ZBA approve the request of
Mrs. Walker for a 5 foot front yard variance on the construction of her
garage. The garage could go no deeper because of the septic lines and the
house and porch are in non-conformance with the setback as is. Ms.
Hill-Brown seconded the motion and all were in favor. The Secretary will
prepare a letter to Mr. Jim Fallon, Chair of the ZBA, stating the reasons on
which the Planning Board bases its recommendation.
OTHER BUSINESS
The Town Board approved the attendance at the Association of Towns Annual
Meeting and Training School for Mr. Chartier and Mr. Lippert.
Mr. Chartier asked board members if they receive the bi-monthly magazine
called “Talk of the Towns”, noting that the subscription is free.
Mr. Chartier asked the Secretary if there has been any response from the
other towns as to the New York Planning Federation Training to be held on
1/31 and 2/28. As of the meeting there were no responses. However, since
then the Town of Knox has responded with 5 members to attend. The PB
secretary is contacting the other towns for a response. Mr. Chartier would
like to bring coffee, snacks and water for refreshments.
Mr. Lippert advised the board that they have full attendance for the
Hudsonia training. The BKW school district is recommending two students, and
one member from the CB will attend. The first meeting is scheduled for
1/24/08 at the Town Hall at 6 pm to organize the team and to figure out the
monthly meeting dates.
Ms. Hill-Brown stated that she has limited time to donate for the Board, the
Hudsonia Training and the Comprehensive Plan Committee. Mr. Chartier stated
that everyone can serve in the capacity they feel they can handle.
A meeting will be announced with the CB to go over the wind energy draft.
Mr. Chartier asked Mr. Rockmore to research the term “agriculture” in other
zoning ordinances.
Mr. Lippert would like to propose an amendment pertaining to the allowed
number of residences on a single lot. There is no limitation presently,
which is causing problems.
Mr. Vincent is the keeper of the camera for the Planning Board and has set
up a Town of Berne account with Prestige Photo in Altamont.
Ms. Clayton is working on the annual report for building and zoning activity
in 2007. The members expressed interest in receiving a copy.
Questions were asked about plat plans and tax maps regarding subdivisions
and what happens if the plats are never filed with the County Clerk. There
are at least two situations right now. If the owner does not file a plat,
then nothing on the tax maps would change, and the subdivision is not final.
It was brought up pertaining to Mr. Paris; that he agreed to a 99 year
condition on his subdivision for future building. If the approved
subdivision plan does not get filed, does that condition go away? It was
felt that it would go away, because it would be treated as a non-existing
subdivision.
There being no further business Mr. Rockmore made a motion to adjourn and
Mr. Vincent seconded and the meeting was adjourned at 9:50 pm.
Respectfully submitted,
Anita C. Clayton
PB Secretary |
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Berne,
NY
