Thursday, August 16, 2001
Code office will not enforce law
Site plan review law not part of county's job, West says
By RITA FERRANDINO
Staff Writer
At Monday night's meeting of the Springfield town board, planning board chairman Jim Willsey clarified that Ross Valenza, baseball camp developer-hopeful, had been sent a certified letter indicating that he could not proceed with his plans to build a camp without first providing the planning board with information requested some time ago about the money he's already spent on his plans.
In a brief update of planning board business, Willsey also said that Crowne-Atlantic, a cell tower company, agreed to lower the height of their proposed tower to 100 feet.
"They say we can't ask certain questions under the site plan review law," Willsey said of Crowne-Atlantic. "But under SEQRA we can."
Town supervisor Tom Armstrong read a letter from the Department of Health tentatively approving Glimmerglass Opera's plans to move ahead with modifications to the septic system at Malton Place in order to accommodate a new building the Opera hopes to construct pending planning board approval. The new building will have two stories of six units each, said Glimmerglass Opera's administrative director Jeryl Dropp. The letter from the Department of Health is only one small step of the process, said Dropp.
"There's going to be a public hearing in Springfield in September," said Dropp. "The Springfield planning board is working with a consultant, and we've given them all of our information so they can make a determination."
This information, Dropp said, includes the opinion of the Army Corps of Engineers that the area slated for construction does not include wetlands.
Otsego County codes officer Dave West came to the meeting to clarify any misunderstandings about his role or the role of the Springfield planning board with regard to the enforcement of the site plan review law. Town supervisor Tom Armstrong and Willsey have had disputes in the past about the matter.
"Tell us what your responsibilities are," Willsey said.
"Who takes care of site plan review enforcement?" asked Armstrong.
"It is our understanding," said Willsey, "that you take care of the uniform codes and if something comes under the site plan review law it's our responsibility."
"That is correct," said West.
Springfield town attorney Paul Elkan asked, "Do you enforce the local site plan review law?"
"Not at all," West responded.
"So we're not responsible for uniform codes and you're not responsible for enforcing the local law?" asked Willsey. West agreed.
West mentioned that some towns issue a checklist of necessary steps people must follow when looking to develop land.
Highway superintendent Keith McCarty asked if a permit is required to replace a septic tank. West said yes, and made reference to the "midnight septics," that some contractors sneak in without a permit. He said that there's a substantial fine for this.
"There are some contractors I haven't heard from in a year or so and I know they're still in business," West said to illustrate the frequency with which midnight septics are installed.
McCarty said he feels a lot of people don't understand the site plan review law.
In other business, town councilman Gary Sikkema raised a concern about the $60 per hour fee charged by the planning board's consultant, Nan Stolzenburg. He was worried, he said, about the large expense shouldered by applicants. Sikkema pointed out the $992 expense paid from Crowne-Atlantic's escrow to cover Stolzenburg's fee as an example. He said that he was on the side of the planning board and that he didn't have a problem with complicated cases being looked over by a consultant specializing in such matters, like Nan Stolzenburg, but that the price tag might be too high for other projects.
Willsey said that Stolzenburg's help was necessary on that project.
"I don't know what we would have done without her," he said. He made it clear that Stolzenburg's assistance was only utilized when necessary.
Sikkema suggested a part-time person to do cursory inspections. Willsey and planning board member Dan Rosen said that if the town wanted to pay for such a person, they would not be opposed to it.
"We're bending over backwards trying to be fair to everybody," Willsey said.
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