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| THE GOODYEAR LAKE AREA IN THE TOWN OF MILFORD Click on the map below to open an interactive window.
THE TOWN OF MILFORD, NY...OUR TOWN This space will inform you concerning issues that The Goodyear Lake Association feels are newsworthy and of interest to our members: this will include, but not be limited to, copies of Town documents, names & contact points for Town officials, and areas of concern that we as a group might bring before the Town to create a better, safer, and more ecologically sound life for us all. The Goodyear Lake Association Inc. believes in open government.
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.
- 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
The following is a resolution by the Cherry Valley Town Board that addresses the issues involved with the Marcellus shale field gas leases. If you feel that our town board should adopt a similar document, let your town board member know or contact us through this website. (posted 1/11/09).
Resolution of the Cherry Valley Town Board Resolution # 2008- 8 December 11, 2008 A RESOLUTION OF THE TOWN OF CHERRY VALLEY ENTITLED "COMMENTS TO NYSDEC ON THE ON THE DRAFT SCOPE FOR DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM FOR WELL PERMIT ISSUANCE FOR HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING FOCUSING ON THE DEVELOPMENT OF THE MARCELLUS SHALE AND OTHER LOW-PERMEABILITY GAS RESERVOIRS." WHEREAS, the Town of Cherry Valley recognizes the need to develop domestic sources of energy and their potential for economic development in upstate New York; and WHEREAS, the Town of Cherry Valley is located in the Marcellus shale field and other gas bearing formations; and WHEREAS, the Town of Cherry Valley is located at the shallow, northern edge of the Marcellus Shale Field where it outcrops along U.S. Rte 20 in northern Otsego County; and WHEREAS, there are numerous natural gas leases signed between private land owners and gas exploration companies within the Town on file with the Otsego County Clerk; and WHEREAS, aspects of hydraulic fracturing include the potential impacts of (1) water withdrawals, (2) transportation of water to the site via town roads, (3) the use of additives in the water to enhance the hydraulic fracturing process, (4) space and facilities required at the well site to ensure proper handling of water and additives, and (5) removal of spent fracturing fluid from the well site and its ultimate disposition. WHEREAS, due to the technological advances of horizontal drilling and hydraulic fracturing, the Marcellus shale and others gas bearing formations in the Town of Cherry Valley, these gas bearing formations have become economically feasible to exploit; and WHEREAS, the Town of Cherry Valley has identified the pollution of groundwater as a major concern in its comprehensive plan, adopted by the Cherry Valley Town Board in 2007; and WHEREAS, the karst topography, limestone bedrock and shallow depth to the Marcellus shale which underlie the Village and the Town of Cherry Valley make our water bearing formations especially vulnerable to pollution; and WHEREAS, groundwater is the sole source of all public and private water use in the Town and Village of Cherry Valley; and WHEREAS, the Department of Environmental Conservation is solely responsible for regulating the exploration, development and production of oil and gas resources in New York; and mineral rights owners and exploration companies are interested in developing a potentially significant gas resource in the Town of Cherry Valley through the use of horizontal drilling and hydraulic fracturing; and WHEREAS, the New York State Department of Environmental Conservation is accepting written comments from ALL interested parties on the Draft Scope for Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program for Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing focusing on the Development of the Marcellus Shale and Other Low-Permeability Gas Reservoirs; and WHEREAS, the Town of Cherry Valley is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Draft Scope and the actions therein; and WHEREAS, the oil and natural gas industries are exempt from Federal Clean Water Act, Federal Clean Air Act, Safe Drinking Water Act, and are exempt from local planning review under the New York State Environmental Conservation Law (ECL Section 23-0303); and WHEREAS, the New York State Environmental Conservation Law (ECL Section 23-0303) preempts towns from regulating land use by the Oil and Natural gas industries except over roads or the rights of local governments under the real property tax law; and WHEREAS, drilling and hydraulic fracturing involves the use of heavy equipment, millions of gallons of water, all delivered to the well site by heavy trucks, the potential for the degrading of Town roads is possible; and WHEREAS, the Town of Cherry Valley has reviewed the Draft Scope and affirms that the Draft Scope and the Supplement to the Generic Environmental Impact Statement must include measures to afford adequate protection for the Town’s citizens, water resources, public health, environment and roads. NOW, BE IT RESOLVED THAT THE TOWN BOARD OF CHERRY VALLEY APPROVES THAT THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) TAKE ACTION TO ADDRESS IMPACTS TO THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE TOWN REGARDING THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM FOR WELL PERMIT ISSUANCE FOR HORIZONTAL DRILLING AND HIGH-VOLUME HYDRAULIC FRACTURING BY INCLUDING THE FOLLOWING IN THE DRAFT SCOPE AND SGEIS: (1) Notify the Town of Cherry Valley upon receipt of an application to drill within the Town and notify the Town of issued permits and permit conditions enacted by the NYSDEC for each well, and (2) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to provide the Town a comprehensive list of all substances and their concentrations (chemical and inert) used in drilling, hydraulic fracturing and recovery processes a minimum of six months prior to the start of drilling or hydraulic fracturing so an adequate water quality baseline for our water supplies can be established prior to drilling/hydraulic fracturing; and (3) Prohibit the use of all hydraulic fracturing fluid constituents that are known to pose a significant risk to human health, and (4) Require all oil and natural gas exploration in the Town of Cherry Valley use closed loop systems to avoid open pits and potential of contamination of surface and ground water by hydraulic fracturing fluid due to the sensitive nature of the karst topography and shallow depth to the water bearing formations within the Town, to safeguard our drinking water, public health and the environment; and (5) Notify the Supervisor of the Town of Cherry Valley of violations to permit conditions that occur at any drilling/hydraulic fracturing site within the Town within 24 hours of the violation; and (6) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to fund completely, water tests for residues of drilling/hydraulic fracturing fluids before and after drilling/hydraulic fracturing for any public or private potable water source (well or surface) within 10,000 feet of the water source to be repeated annually at the expense of the representatives of the oil and natural gas industry for 3 years post drilling/hydraulic fracturing; and (7) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to fund completely, radon tests for any home within 10,000 feet of the proposed well to be repeated annually at the expense of the representatives of the oil and natural gas industry for 3 years post drilling/hydraulic fracturing; and (8) Make the results of the aforementioned tests available to the Cherry Valley Town Board and every owner of the water source or home within that area, and (9) Require each representative (company) of the oil and natural gas industry operating in the Town of Cherry Valley to post an Environmental Quality Bond to the Town of Cherry Valley while operating in the Town, the amount of this bond to be determined in consultation with NYSDEC, and (10) Require representatives (company) of the oil and natural gas industry operating in the Town of Cherry Valley to provide the Town a comprehensive list of all substances used in hydraulic fracturing and their concentrations (chemical and inert) moved off site, including a final destination for these substances to insure proper disposal, and (11) File a transportation plan with the Town Supervisor and Highway Supervisor to insure Town roads and bridges will accommodate this industrial use, and (12) Require each representative (company) of the oil and natural gas industry operating in the Town of Cherry Valley to post a Performance Bond to the Town of Cherry Valley for potential damages to Town roads, the amount of this bond to be determined in consultation with NYSDOT and Otsego County DPW, and BE IT FURTHER RESOLVED that this industry should result in NO additional tax burden whatsoever on the citizens of the Town of Cherry Valley; and BE IT FURTHER RESOLVED that the certified copy of this resolution be filed with the New York State Department of State, Office of the Assembly, Office of the NYS Senate, and the Governor’s Office to convey that necessary action is needed to update New York Environmental Conservation Law (ECL) Section 23-0303 to allow for more local influence in protecting the health and welfare of residents.
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