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Thursday, September 20, 2001

Latest zoning law revisions upsetting to village trustees

By JIM AUSTIN
Editor

Calling the revised zoning law "arbitrary, intrusive and cumbersome," the mayor and board of trustees Monday night set the stage for the start of a paragraph by paragraph review of the almost 50-page document next week.

The village's zoning law has been undergoing a multi-year process of revision and has been passed through hands of committees and board - most recently by the five-member planning board.

"I got halfway through it and stopped," said trustee Ed Tripp. " I thought it was arbitrary. I have problems with quite a bit of it."

Tripp said much of his concern centered around the provisions detailing the creation of an historic preservation commission which would have far-reaching authority.

As mayor Wendell Tripp went around the table asking trustees in turn, they all echoed Ed Tripp's worries.

Lee Malone called "cumbersome anbd intrusive."

David Sanford admitted he, too, had trouble getting through the law and added that the law threatened to "destroy the nature of Cooperstown."

"I'm not opposed to historic preservation, but don't like to see it carried so far," he said.

Glenn Hubbell said it appeared the revisions to the law made the process cumbersome and that if someone wanted to make some simple changes to their property, it could take months to get an approval to do so. The planning board is supposed to be there to help people, not hinder them, he said.

Mayor Tripp said he was also bothered the section conccerning the historic preservation commission and that certain people's pet peeves were appeared to be included in the law.

The revised law calls for the creation of an historic preservation commission made up of the members of the planning board and a non-voting advisory panel of at least three members appointed by the mayor.

The zoning law enpowers the commission to: hire staff and consultants; promulgate rules and regulations to carry out its duties; conduct surveys of structures in the villages, develop public education programs; promote preservation of landmarks and historic districts, establish guidelines for rehabilitating structures, provide advice and guidance to property owners regarding alternative plans, materials, and practices; recommend acquisition of a structure by the villagewhere preservation is important, but not feasible privately and more.

"The creation of the historic preservation commission amplifies the power of the planning board and takes certain powers away from the village board," said Mayor Tripp.

Planning board chairman Paul Kuhn said Tuesday, that much of the language in the revised law was "boilerplate" that came directly from model laws provided by the state. "this is what the state would like to see," he said.

Kuhn said there were changes to the law that did switch control over some things from the boardof trustees to the planning board. Special permits were one of those changes, but he did not think the planning commission was taking away powers of the board of trustees. "We're not trying to usurp anyone's power. We're not interested in power," he said.

The ability of the planning commission to hire staff and consultants has little meaning from a practical standpoint because there is no budget to do so, Kuh said.

Many of the revisions to the law were not made by the planning board, he said. The law has been reviewed and revised by many people during the process, including some members of the village board.

Former trustee and administrator Giles Russell was instrumental in the process of revising the law and confirmed that as much as 90 percent or more of the provision dealing with the historic preservation commission came directly from the state.

"The state strongly recommends it," he said.

Typically the planning board and the historic preservation commission would not be one in the same, but in a small village like Cooperstown, where almost the entire village is in a historic district, it seemed like a practical approach, Russell said. Another factor is the relatively small pool of people willing to serve on local boards and commissions.

The board of trustees has scheudled a special meeting to make a detailed review of the revised law next Wednesday night, Sept. 26, at 7 p.m.

"I think what we have to do is go through this paragraph by paragraph," Mayor Tripp said.

 
 
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