The status of a recently created building lot on Lake Street remains unclear.

The lot was formerly a part of the house and lot owned by Robert Schneider at the corner of Lake and Pioneer Streets

Just before the planning board's meeting Sept. 27, village attorney John Lambert advised the board that it was his opinion the lot was created improperly.

"I have reviewed said application which included a three-page supplemental form entitled 'Cooperstown Planning Commission Application for Approval of Subdivision Plan.' This form has no authority with regard to the Cooperstown zoning law," he wrote.

Lambert recommended that Schneider resubmit his application with details about the size, dimension and "affect on the parcel to be subdivided as well as the surrounding properties."

His recommendation caused the cancellation of a public hearing which was to be held in regard to a plan by contractor Don Archer to build a rental home on the lot.

During this week's meeting, the planning board held off taking any action on the subdivision following receipt of a letter from attorney Robert Birch, who represents Schneider.

Birch contends the lot meets the requirements of the subdivision regulations. It has 55 feet of frontage on Lake Street and contains 6,795 square feet - more than the 5,000 called for in the law.

The lot, he wrote, is nearly identical in size to the one owned by Randel Scharf next door.

Scharf had earlier called into question the planning board's procedures in its review of Archer's plan and was the reason the board had scheduled the hearing two weeks ago.

Birch also stated his belief that the approval of the subdivision has never been revoked. In his letter, he asked Lambert to recommend that planning board chairman Teresa Drerup sign the survey map for the subdivision to make it official.

"We realize the planning board may assert a right to continue its site plan review process for the design standards of the home to be constructed by the Archers, but that is an entirely separate matter which would be unaffected by signing off on the subdivision map at this time," he wrote.

Lambert said Wednesday he currently reviewing Birch's letter and will have an answer for the planning board for its next meeting Oct. 25.

"We stand by the position the subdivision has been approved," Birch said Tuesday afternoon.