Minutes of Milford ZBA meeting, 6/24/2010
The Zoning Board of Appeals meeting was called to order at 7:01pm by Chairman AI Bullard. Present were Chairman AI Bullard, Debi Cotten, Marcia Membrino and Art Henry. Absent: Bruce Osterhoudt. Also present: Ken stone, Zoning Enforcement Officer.
AI Bullard stated that this was just a public meeting and the purpose is to discuss the issues voiced at the last meeting.
Art Henry made a motion to accept the minutes of the May 27, 2010 meeting with one correction: striking no further discussion in the last paragraph. Deb Cotten seconded. All in favor. Motion carried.
AI Bullard said that according to section 19.1 of the zoning regulations, he does not believe Walt McLaughlin had the authority to bring the issue before the Zoning Board of Appeals. Only an administrative official can ask the Zoning Board of Appeals to interpret. Marcia Membrino said that an illegal interpretation was made by the Planning Board. Marcia Membrino said that one year ago a member of the Planning Board asked for an interpretation and she believes a precedent was set. AI Bullard said that in that case, the ZEO had asked the Planning Board for their interpretation and the Planning Board said that the ZEO had to go the Zoning Board of Appeals, so that was okay. Marcia Membrino would like the Zoning Board of Appeals to write a letter to the Planning Board to let them know that they acted illegally when interpreting the zoning ordinance. They should have sought the ZEO's opinion and then have him refer it to the Zoning Board of Appeals. It's the Zoning Board of Appeals duty to interpret the zoning ordinance. AI Bullard said that he believes that the Zoning Board of Appeals needs to not discuss or act on Walt McLaughlin's application and refund his money. The Planning Board has no right to ask the Zoning Board of Appeals for an interpretation, only the ZEO or Town Supervisor or other administrative official can do that. Marcia Membrino made a motion to refund Walt McLaughlin's fee for his application. Deb Cotten seconded. All in favor. Motion carried. Art Henry made a motion that unless the Zoning Board of Appeals gets a direct question from either the Zoning Enforcement Officer or Town Supervisor asking for an interpretation, the case should be dismissed. Deb Cotten seconded. Marcia Membrino said she has grave concerns that if the Planning Board interpretation stands, the Zoning Board of Appeals would be derelict in its duties and as a member she would also be derelict in her duties. AI Bullard said that the Zoning Board of Appeals could draft a letter to the Planning Board stating that an interpretation needs to be referred by the ZEO, Town Supervisor or other administrative official. Deb Cotten seconded. In favor: Art Henry, Deb Cotten, AI Bullard. Opposed: Marcia Membrino, for the reasons she stated above. Motion carried 3-1. Art Henry made a motion that the Zoning Board of Appeals sit down collectively and write a letter to the Planning Board describing the procedure for seeking an interpretation of the town regulations. Marcia Membrino said that the Planning Board does 'not have the standing or the right to interpret the zoning ordinance. Interpretations should be brought to the Zoning Board of Appeals by an administrative official. AI Bullard said that there is a process that must be followed. Deb Cotten seconded. No further discussion. All in favor. Motion carried.
AI Bullard said that he had a request from the Iversen's to address the Board. Marcia Membrino said that there was a long meeting in May and tonight's purpose was to render a decision and not hear any comments from the public.
Deb Cotten made a motion to accept Marcia Membrino's letter with AI Bullard's addition and send it to the Chairman of the Planning Board, the ZEO and the Town Supervisor. Art Henry seconded. All in favor. Motion carried.
Marcia Membrino said that at the October 2009 meeting, a SEQR evaluation was not done and a use variance was granted and she feels that it should not have been granted. AI Bullard said there was nothing they could do about it now.
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MINUTES OF THE July 5, 2010 MILFORD PLANNING BOARD
The July 5, 2010 meeting of the Milford Planning Board was called to order by Chairman Bruce Milavec at 7:03 pm. Members present were Bruce Milavec, Walt McLaughlin, Gerald Wood, Gary Wickham and Patrick Welsh. Also present: Ken Stone, Zoning Enforcement Officer.
Bruce Milavec read the public hearing notice that was in the Daily Star regarding an application from Art Kiser for an auto repair shop at 3919 State Highway 28. Bruce asked for comments regarding the Kiser application. No comments. Gary Wickham made a motion to close the public hearing. Gerald Wood seconded. No further discussion. All in favor. Motion carried.
Bruce Milavec said that the Milford Central School application for a telecommunications tower does not have to go to the County Planning Board. Gary Wickham said that the Google map shows the Creative Electronics tower to be in Delaware County, but the SEC says it is in Milford. Mr. Livshin said he will contact Creative· Electronics and find out. Gary Wickham made a motion to declare a negative declaration on the SEQR for the Milford Central School application for a telecommunications tower at 116 Eddie Martin Road. Gerald Wood seconded. No further discussion. All in favor. Motion carried. Gary Wickham made a motion to accept the Milford Central School application as complete. Gerald Wood seconded. No further discussion. All in favor. Motion carried. Gary Wickham made a motion to approve the site plan and special use permit for Milford Central School to erect a telecommunications tower at 116 Eddie Martin Road. Gerald Wood seconded. No further discussion. All in favor. Motion carried.
Gary Wickham made a motion to declare a negative declaration on the SEQR for the Art Kiser application for an auto repair shop at 3919 State Highway 28. Walt McLaughlin seconded. No further discussion. All in favor. Motion carried. The application has to go to the County Planning Board next.
Jon McManus presented a survey with plot lines to subdivide the Deleski property on State Highway 28 across from the bowling alley. He would like to put in 9 residential lots and 1 commercial/residential lot. A letter was received from Mr. Deleski giving Jon McManus permission to represent him for this matter. There have been 2 archaeological studies done and one biological study done. Gary Wickham suggested that the Board do a site visit. Gary Wickham made a motion to set a workshop on Monday, July 19,2010 at 7 pm at the site on State Highway 28. Walt McLaughlin seconded. No further discussion. All in favor. Motion carried. The Board will make a declaration on the lead agency after the workshop.
Gary Wickham read the minutes from the June 7, 2010 meeting. Walt McLaughlin made a motion to approve the minutes as read. Patrick Welsh seconded. No further discussion. All in favor. Motion carried. Gary Wickham read the minutes. 2 corrections. Gary Wickham made a motion to approve the minutes as corrected. Patrick Welsh seconded. No further discussion. All in favor. Motion carried.
Gary Wickham said that he did some research on the Beisler property for the Creative Electronics tower.
Neither Milford nor Davenport tax maps show the tower listed as an improvement. Ken Stone will contact Beisler and ask him to prove what county the tower is in. Ken Stone will also check with the Town Assessor.
Gary Wickham said that you do need to be a licensed real estate agent to rent properties. The County Code Enforcement is no longer doing fire inspections. The Town of Milford requires a fire inspection for the short-term transient rental permits. The Town of Milford will have to provide someone who is certified to do the inspections. Ken Stone recommended contacting the legislature and checking on the Town's liability. Walt McLaughlin recommended doing away with the requirement. Bruce Milavec will talk to Terry Bliss.
Springbrook will hold a groundbreaking for their construction project on July 28, 2010.
Gary Wickham asked if the real estate agents should be held responsible for illegal rentals. Gary Wickham will come up with a proposal and take it to the Town Attorney and Town Board.
Gary Wickham suggested the Planning Board get a different attorney. A request for funding needs to be done. Gary said he feels that there should be separate attorneys for each board. ~
Walt McLaughlin made a motion to adjourn the meeting. Gerald Wood seconded. No further discussion. All in favor. Motion carried. Meeting adjourned at 8: 10 pm.
Respectfully submitted,
Theresa Lombardo Secretary
MILFORD TOWN BOARD
JUNE 17, 2010 – MINUTES
Draft
OPEN MEETING: Supervisor Thomas Gale called the regular monthly meeting of the Milford Town Board to order at 7:03 pm at the Town Hall in Portlandville.
ROLL CALL: Present were Supervisor Thomas Gale, Councilmen John Gill, Olin Waters, Karl Vogel and Harold Couse; Highway Superintendent Richard Atwell, Town Clerk Kenneth Sosnowski and concerned townspersons.
MOTIONS:
A motion to accept the Town of Milford Board Meeting Minutes of May 20, 2010, was made by Councilman Waters seconded by Councilman Couse with the following amendments: Under Open Floor change JB O’Neal to BJ O’Neal, add ZEO and Town Supervisor to GYLA concerns for putting a plan together for proposed residential project site at Red Carpet Motel, under Motions remove revised from Monthly Financial Statement for April, under Resolution 12-10 change vote from Councilman Couse to abstain. Vote with amendments: All Ayes.
A motion to accept the Special Meeting Minutes of May 26, 2010, was made by Councilman Vogel seconded by Councilman Waters. Vote: All Ayes.
A motion to accept the Monthly Financial Statement of the Town Supervisor for May 2010 was made by Councilman Gill seconded by Councilman Vogel. Vote: All Ayes.
OPEN FLOOR:
- Francine Stayter advised that on Monday at 9pm, HBO would feature the winner of the Sundance Film Festival movie ‘Gas Land’ which concerns hydro-fracking.
- Vince Stayter inquired whether a peddler’s permit was required in the town. The Town Supervisor advised there was no requirement but they should call the Town Clerk. Mr. Stayter suggested a letter be sent to the gas companies who are requesting leases on lands for drilling that they register with the Town Clerk. He also advised that during the June 7th meeting of the Planning Board a June 21st workshop was scheduled. He requested they publish what the workshop is to be about. He also advised that there is a bill before the Senate to have a moratorium on gas drilling until the DEC can judge the impact the drilling will have. Lastly he advised that the Goodyear Lake Celebration is scheduled for August 21st in conjunction with the Polar Bear Group.
- Engineer BJ O’Neal for the proposed Red Carpet site building project advised he met with the Goodyear Lake Association during their June 12th meeting and discussed concerns. The Town Supervisor was concerned with putting the building project on the 7 acres available – a lot of building in a small area. Mr. O’Neal advised that there were still processes yet to do – environmental impact, site plan review etc. He also advised that the contract was still open to other areas of concern. Francine Stayter wanted to know if the town would use the Town Attorney to find out if what is proposed in the contract will hold up if things are not done. She also wanted to make sure that the value of property around the lake would not decline. The Town Supervisor advised he would get the Town Attorney involved and wanted the engineer to continue his efforts and he advised the County Planning Board would also have to approve the plan. He wanted to hear concerns from different groups and agencies, results from reviews of the project and impact studies before having a public hearing. BJ O’Neal agreed to meet with the Goodyear Lake Board in August and on July 13th. He turned over the June 12th Goodyear Lake meeting minutes to the Town Clerk.
HIGHWAY SUPERINTENDENT’S REPORT: Superintendent Atwell reported on the following:
q COUNTY PLANNING DEPARTMENT MEETING – on gas drilling scheduled for Wednesday June 23 at the old Meadows from 10-12. Focus on Preservation of Local Roads.
q SUPERINTENDENT’S SCHOOL – told to document road conditions of town roads or any damage resulting to the roads would not hold up in court. CHP’s has passed and the town should receive a letter – amount $104,169.45.
q HONDA MOTOR – came with the truck box currently in use and is not needed because the box uses hydraulics. The Transportation Supervisor of the Schenevus School District is interested in buying the motor. Utica Mack advised it is worth between $700 and $1000. The Highway Superintendent asked the Town Board if they would agree to the sale. The Town Board agreed to sell for $850 a fair price.
q METAL DAY – loaded 1900 lbs on a ton truck and brought in $95.95. The Town Highway Superintendent felt using 2 men for 6 hours was not feasible.
q TRUCK AUCTION – the 1997 truck went for $2750 to Cornerstone.
q SOD LOADER – bought from the Town of Hartwick for $1400. 75-100 loads per day.
q COMPUTER – The computer still is not hooked up. The Town Supervisor checked with Time Warner and there is no provision for free internet which will cost the commercial rate of $70/month.
q SUNNY CREST – the Highway Superintendent advised that the person who bought Schorf’s property wants to move mailboxes to the edge of the road. He claims the mailbox is on his land, has moved one and wants to move two more. The road list is to be checked for right-of-way and a call made to the Sheriff for advice.
TOWN SUPERVISOR’S COMMUNICATIONS: Supervisor Gale reported on the following:
q Otsego County Treasurer – Dan Crowell sent a $400 check for postcards.
q Planning and Zoning Summer Schools – The Association of Towns has posted a list of summer Planning and Zoning Schools available at various locations throughout the state for the month of July.
q Otsego County Department of Health – correspondence from them stressed the importance of dog licensing and having up to date rabies shots.
q Summer Recreation Program - the summer youth program will run from July 6 to July 30. 80 are signed up so far. $3200 pays for the MCS bus which will bus the summer recreation children and those signed up for summer school at the same time. 8 counselors are coming back, 8 more students were hired. MCS contributes $2000; Milford Baseball will donate $3000. School lunches will be provided and counselors under 18 will also get free lunches.
q Otsego County Planning Department – they have provided dates for Planning and Zoning Schools.
q Time Warner – has provided a current programming list which will be posted.
q Tax Collector’s Petty Cash Fund – $100 has been returned to the town and deposited.
q Becky Morin – The Town Supervisor advised he received a complaint about chickens at the Morin residence. He advised the area is zoned residential, not RA zoned. Councilman Gill asked for a zoning change as the chickens were being raised as pets. The sign for ‘fresh eggs’ has been removed. A petition is being signed to get the area re-zoned. The chickens have been moved. The matter should be taken to Planning then to Zoning.
q Petition – a petition has been sent to the Town Board and Town Clerk to stop further land divisions in the present sub-divisions. This resulted from habitat for Humanity wanting to sub-divide the sub-division on
Eddie Martin Road. The Town Supervisor sent the petition to the Town Attorney to see anyone has the right to go into a private sub-division and allow for further sub-divisions. Currently the town allows for one acre sub-divisions.
Petty Cash – The Town Clerk reports having $100 in the petty cash fund.
Building Committee: The Building Committee has not had the opportunity to go through the building next to the Town Hall with the Highway Superintendent to check on its’ condition.
NEW BUSINESS:
- Councilman Gill picked up a new ‘Handicapped Parking’ sign at Munson’s for the Town Hall.-
- The Highway Superintendent requested a box for the 2011 F-550 truck. He advised he had been in contact with Wayne’s Welding, Yorkville, who would do the work. The box and all equipment can be purchased on state contract for $25695.
Resolution 13-10 – Whereas the Town of Milford proposes to purchase one 2011 Ford F-550 two (2) ton truck cab and chassis at a cost of $38,398.00, now therefore, be it resolved that the Town of Milford will finance the cost of the purchase of one 2011 Ford F-550 two (2) ton truck cab and chassis by issuing a Statutory Installment Bond in the amount of $38, 698.00. Be it resolved that the bond shall be dated July 21, 2010, and will mature July 21, 2015, with interest accrued from the date of the unpaid balance at a rate of 3.65 % per annum, paid annually each year on the 21st of July. Resolution made by Town Supervisor seconded by Councilman Vogel.
Roll Call Vote:
Councilman John Gill Yes
Councilman Olin Waters: Yes
Councilman Harold Couse: Yes
Councilman Karl Vogel: Yes
Town Supervisor Thomas Gale Yes
The Town Supervisor advised the resolution was passed.
Resolution 14-10 – Whereas the Town of Milford proposes to purchase a new box and equipment, which includes plow and hydraulics, for the 2011 Ford F-550 two (2) ton truck cab and chassis at a cost of $25,693.00, now therefore, be it resolved that the Town of Milford will issue a five (5) year Statutory Installment Bond through the Wilber National Bank in the amount of $25,693.00, for the purchase of the new box and equipment. Resolution made by Town Supervisor seconded by Councilman Gill.
Roll Call Vote:
Councilman John Gill Yes
Councilman Olin Waters: Yes
Councilman Harold Couse: Yes
Councilman Karl Vogel: Yes
Town Supervisor Thomas Gale Yes
The Town Supervisor advised the resolution was passed.
MOTION TO PAY BILLS: A motion to authorize payment of the following bills was made by Councilman Waters seconded by Councilman Gill. Vote: All Ayes.
General Fund -- vouchers 158 to 188 for $3464.10
Highway Fund -- vouchers 70 to 80 for $9970.03
Lighting Fund -- voucher 6 for $120
ADJOURNMENT: A motion to adjourn was made by Councilman Couse seconded by Councilman Vogel. Vote: All Ayes. 8:50pm.
The Town Supervisor re-opened the meeting at 8:51pm, and discussed voucher 71 for the purchase of sand. The Town Clerk was directed to draft a letter to be signed by the claimant for the sand verifying the purchase. The Town Board agreed not to pay the voucher until the signature was obtained. Meeting adjourned 9:00pm.
Respectfully submitted,
________________________________
Kenneth C. Sosnowski, Town Clerk