The Town Board of the Town of
Those present were:
Thomas Breiten Chairman
George Tucker Councilman
Bill Michaels Councilman
Nancy Iversen Councilman
Others Present:
Pamela Deane Town Clerk
Chairman Breiten called the meeting to order. He explained that the purpose of the advertised workshop is to discuss proposed changes to the Land Use Law; specifically, weekly rentals, lakeshore protection district, and adult health care facilities. Planning Board members Jonathan Bass, John Stucin, and John Philips were asked to join the Town Board in discussing the proposed changes.
Chairman Breiten reported receiving notification from the NYS Comptroller’s Office, addressing the bill introduced into legislation authorizing the creation of the Canadarago Lake Protection and Improvement District within the three towns, to supervise, manage and control the lake and the lands surrounding the lake. The legislation was passed by the State Legislature and then passed onto the State Comptroller’s Office. The Comptroller’s Office supports the concept of the bill but feels that it is not allowed under Town Law. After research, it is believed that creation of the protection district still could not be achieved even under the direction of the County.
Chairman Breiten announced receiving a petition along with letters of support from Pierstown residents, asking that the minimum lot size be increased from 3 acres to 5 acres if there is a sufficient amount of water in the area and 20 acres if there isn’t, and an increase in road frontage requirements from 150 ft. to 300 ft. in Pierstown. The number of signatures in support of a decrease in density was 117.
Chairman Breiten also read a letter from Pierstown residents
Velma Armstrong, Maryann Dietz, Vivienne Clark, Martha McGown, and Cheryl Ann
Wright, asking the Board to consider placing a limit of 75 participant/campers
on sports camps such as the Town of
Chairman Breiten asked Velma Armstrong to get a map from the County showing all the parcels in Pierstown, and to plot out where those that signed the petition live. He felt this would be helpful when the Board considered their request. Councilman Iversen offered to help with the map. Chairman Breiten congratulated the Pierstown residents for their efforts.
The Town Board, along with present Planning Board members, reviewed the proposed Storage Unit Facility law offered by the Planning Board and presented for Public Hearing at the August 10th Town Board meeting. After some discussion there was a
MOTION by Councilman Michaels, seconded by Councilman
Iversen, to accept the Storage Unit Facility proposal as presented and schedule
another Public Hearing for September 14th at
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Planning Board Chairman Jonathan Bass said that the latest
revision of Section
4.04 of the Land Use Law states that no
structure shall be newly erected within one hundred to five hundred (100-500)
feet of the shoreline of Otsego or
MOTION by Councilman Michaels, seconded by Councilman Tucker, to schedule a Public Hearing for this proposed change to the lakeshore protection district, Section 4.04.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
The Board reviewed the Adult Health Care Facility law offered for Public Hearing at the August 10th Town Board meeting.
Planning Board Chairman Jonathan Bass pointed out that RA – 2 is not only the largest district in the Town, but has no size restrictions. He suggested the Board consider creating a district for Adult Health Care Facilities. He argued that not all levels of the facilities were appropriate for residential areas, for example, a skilled nursing facility. A majority of the Board agreed.
After much discussion one concern Board members had was there was too much left up to the Planning Board’s discretion. It was agreed that there should be a list of Special Requirements specific for Adult Health Care Facilities addressing setbacks, ground covering, and ownership.
Chairman Breiten stated that in the past Land Use regulations were written more loosely, giving the Planning Board more latitude in helping an applicant achieve his objective. Now that society has gotten more and more litigious, the Board needs to be more specific when considering new Land Use regulations.
MOTION by Councilman Michaels, seconded by Councilman Iversen, to schedule the proposed Adult Health Care Facility law as is for a Public Hearing on September 14th.
MOTION FAILED: Councilman Iversen and Chairman Breiten voted no, Councilman Michaels, and Councilman Tucker voted yes.
After some discussion, it was agreed that parameters and suitable locations for an Adult Health Care Facility district would be discussed at the next Town Board meeting if time allows. In the event that time doesn’t allow further discussion, a date and time will be set for an additional workshop.
Councilman Iversen presented additional revisions to the short-term rental proposal. She pointed out that she added that all short-term rentals must be owner-occupied, saying “This is the one thing that will guarantee that it won’t disrupt the residential neighborhood.” She reinstated guidelines for water and septic, whereby the applicant must state the source of the domestic water, the septic system must be functioning, and the type, size, and location of the septic system, if known, shall be stated on the application and the license.
Councilman Michaels argued that a majority of the Board was in agreement to allow short-term rentals using licensing as a vehicle to restrict and stop applicants whose rentals are disrupting the neighborhood. He felt what Councilman Iversen was proposing was no different than a Bed and Breakfast, which is already addressed in the Land Use Law.
Planning Board member John Phillips stated once again that
he has spoken to the representatives of NYS police department,
Chairman Breiten replied by saying that the additional income that he makes on weekly rentals is potentially at the expense of the people who live around that unit. In the cases where there is a problem, it is sometimes hard to locate the owner in a timely fashion. Mandating that weekly rentals must be owner-occupied would eliminate that.
Councilman Tucker stated that he was not in favor of a short-term rental law. He has not seen a great public outcry or heard of any complaints. There were only two residents who attended the Public Hearing.
MOTION by Councilman Michaels, seconded by Councilman Iversen, to move forward with the short-term rental law proposed for Public Hearing on August 10th, which does not contain the owner-occupied clause in it.
After discussion Councilman Michaels withdrew his Motion.
MOTION by Councilman Iversen, seconded by Councilman Michaels, to present the most recent proposed short-term rental law, which specifies that weekly rentals must be owner-occupied, for Public Hearing.
MOTION FAILED: Chairman Breiten and Councilman Iversen voted yes. Councilman Tucker and Councilman Michaels voted no.
MOTION by Councilman Michaels to adjourn.
MOTION FAILED: Councilman Michaels voted yes. Councilman Iversen, Councilman Tucker, and Chairman Breiten abstained.
Chairman Breiten stated for the record that he thinks the Board is being short-sighted by not passing the proposed law. Regardless of what some people said at this table, he thinks it has the potential to be a huge problem and have a negative impact on our Town, and he thinks people will look back at this day and say “Boy, they were so close in doing something proactive and didn’t.”
Councilman Michaels stated for the record that the Board had something proactive until “owner- occupied” was added to the proposed law.
Councilman Iversen pointed out that this proposed law would allow short-term rentals. She is skeptical that the allowance of weekly rentals would hold up in a court of law. She feels weekly rentals are a commercial use in a residential area.
MOTION by Councilman Michaels to adjourn.
MOTION CARRIED: Chairman Breiten and all Councilmen voted aye.
Respectfully submitted,
Pamela Deane
Town Clerk