Public Hearing has been scheduled...

according to the Sunday, December 11, 2011 Observer Dispatch legal notices:

Notice of Public HEARING – TOWN OF NEW HARTFORD N. Y.

LOCAL LAW INTRODUCTORY "H " OF 2011

PLEASE TAKE NOTICE that at their regular meeting held November 16, 2011 the New Hartford Town Board introduced Local Law Introductory “H" of 2011 entitled A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, by repealing Section 118-39 (D) (7) (b) and replacing it with new language pertaining to limited uses in a Planned Development Park (PDP) District. Said legislation, if adopted would allow retail and services when such limited use occupies no more than twenty percent (20%) of the PDPD acreage owned, controlled or developed by the applicant. Said Local Law Introductory is on file in the New Hartford Town Clerk’s Office, 48 Genesee Street, New Hartford, NY, where it is available for public inspection during regular business hours or may be viewed at www.newhartfordtown.com.

PLEASE TAKE FURTHER NOTICE that a Public Hearing upon said Local Law Introductory will be held at Butler Hall, New Hartford, NY on the 21st day of December, 2011 at 7:00 P.M., or as soon thereafter as reached in the regular course of business, and that an opportunity to be heard in regard thereto will then and there be given. Butler Memorial Hall has a barrier-
free access for the physically handicapped and any such handicapped person seeking transportation to said Public Hearing should contact Town Supervisor Patrick Tyksinski at 733-7500, Ext.2331 during regular business hours.

Date: December 8, 2011
Gail Wolanin Young
Town Clerk
OD:12/11/2011.

As of Friday, December 9, 2011, the town assessor was still working on the list of names and addresses of property owners that by law need to be notified of the Public Hearing in writing.

It is our understanding that the Oneida County Planning Dept. has yet to be sent any information on the request; per Town Code their approval is required otherwise a 4 of 5 town board vote is needed for the law to be adopted.

As evidenced in our previous blog, no petitions were filed with the town clerk prior to the request being brought before the town board as required by Town Code; Mr. Adler does not own 50% of the acreage and needs petitions signed by other owners; currently, there are no valid petitions on file in the town clerk's office; and there will be no Planning Board Meeting until after January 1, 2012.

And still the beat goes on...somebody is obviously pounding those drums and everyone appears to be marching to the music!

And one more thing, according to Town § 118-88 E:

Conformance with Town Comprehensive Plan. In all cases where the Town Board shall approve an amendment to the Zoning Map, said Board shall find, for reasons fully set in its resolution, such amendment to be in conformity with the Town Comprehensive Plan.

We can't wait to see how they cover their butts on this one!