A Public Hearing of the Town Board of the Town of Otsego was held on the 6th
day of September 2006 at the Town Building, Fly Creek, NY at 7:00 PM.
Those present were:
Thomas Breiten Chairman
Orlo Burch Councilman
Ann Geddes-Atwell Councilman
John Schallert Councilman
Meg Kiernan Councilman
Others Present:
Pamela Deane Town Clerk
Martin Tillapaugh Town Attorney
Chairman Breiten called the Public Hearing to order. He explained that the
purpose of the hearing was to explain the proposed Conservation Subdivision
Law and gain public input.
A summary of the proposal is as follow:
- 1. Identify all primary conservation areas-unbuildable land areas comprised
of floodplains, wetlands, steep slopes, water bodies, hydric or shallow
soils and stream corridors.
- 2. Identify secondary conservation areas-natural and cultural resources
and noteworthy features of the property. (i.e. mature woodlands, trails,
prime farmland, hedgerows, historic sites, scenic views, etc.) which might
be considered “buildable” but are recommended for inclusion
in permanent open space.
- 3. Locate the house sites. 100 feet from primary, 50 from secondary conservation
areas.
- 4. Alignment of streets and trails.
- 5. Draw lot lines.
*Within hamlets and villages reverse steps 3 and 4. A conservation subdivision
must preserve at least 50% of the tract’s developable acreage as open
space.
Total acreage divided by two leaves 50% of land designated open space. Within
that designated open space should be all primary conservation areas, and as
much secondary conservation areas as possible. The remaining 50% of acreage
is considered developable acreage and is divided by 10 to get maximum number
of building lots. The minimum size of a lot (yet to be determined) may vary.
For example: 100 acres divided by 2=50 acres developable land. Maximum number
of lots = 5.
Chairman Breiten opened the floor for public comments and questions. (Approximately
40 people were in attendance)
Some concerns raised by the public were as follow:
- Re-writing and adopting Subdivision Regulations before the completion
of the re-writing of the Town’s Comprehensive Plan may be putting
the cart before the horse.
- Proposal screams “Eminent Domain”. Property owners get to
pay taxes on their land but can’t use it as he/she wants.
- Law is very complex, costly, and time consuming. It will bog down the
Planning Board. Should offer clustering as an incentive rather than mandate
it. Not giving people an alternative.
- Proposal will eliminate any affordable land.
- Proposal states that slopes 15% or more are not buildable. That eliminates
most of the Town. If you can grow crops on it you should be able to develop
it.
- Afraid this proposal will reduce the value of property and make it difficult
to sell.
- Concerned that no impact study has been done.
- Concerned that this proposal will eliminate affordable housing.
- Proposal encourages more private roads. Questioned whether this was really
the way the Town wants to go.
- Proposal straps the farmer in order to protect the neighbors.
Some positive responses were as follow:
- Appreciated the hard work the committee has done. Felt strongly they were
heading in the right direction.
- Felt regulations increase property value.
- Agreed with the proposed Conservation Subdivision Regulations.
- Felt something needs to be in place to protect the green space.
At 9:00 PM Councilman Burch thanked everyone for their comments and the meeting
was adjourned.
Respectfully submitted,
Pamela Deane
Town Clerk