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Home Page   Local News   Local Sports   Community Calendar   Opinion   Editorials   Columns   Letters to the Editor   Archives   News Archives   Sports Archives	11-24-2006 Lawyer: board has no authority By JIM AUSTIN Editor The village has been informed by attorney Robert Birch that his clients Paula and Terry Wikoff have withdrawn any pending applications with the zoning board of appeals or planning board in regard to the roof covering for their tour boat the Glimmerglass Queen in the belief the village has no jurisdiction over their proposal. The Wikoffs want to build an enclosure for the boat to allow for its annual maintenance during the winter months and recently filed an application with the village for the structure. They obtained a permit from the Department of Environmental Conservation in 2004 to change the dock to a two-sided structure and to dredge the lake bottom for the tour boat. Paula Wikoff had come to the village with her plan and the planning board and board of trustees agreed to relinquish lead agency status for the project to the DEC. The DEC issued a permit; however, it does not mention the installation of a hoist to lift the boat out of the water or for a covered structure to house the boat. According to a letter last week from Birch, the village had ``no regulatory authority over the original installation of the tour boat dock and has no continuing jurisdiction over the completion of the installation of the roof at this time.’’ Birch said his research of statutory and case law has led him to conclude the state of New York has exclusive jurisdiction under Navigation Law over any dock, building or structure located in the navigable waters in the state. Since the original permit issued by the DEC has expired, the Wikoffs plan to submit a new permit application for the completion of the roof project, he said. According to Birch’s letter, the Wikoff’s have invested thousands of dollars in design and engineering cots to insure the dock facility is ``environmentally and aesthetically appropriate.’’ ``Our clients will continue to make every effort to remain good stewards of the lakefront area, regardless of the lack of regulatory authority by the village of Cooperstown over this project,’’ his letter stated. Village attorney John Lambert said he had read Birch’s letter and reviewed the case law, but is still doing research. One issue, he said, will be whether Otsego Lake would be considered navigable waters. ``That’s what we’re going to start with,’’ Lambert said. He expects to have a response for Birch in early December.
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