TOWN OF NORTH HARMONY
SEQR & PUBLIC HEARING
LOCAL LAW NO. 2-2015
A LOCAL LAW TO LIMIT ACCESSORY STRUCTURES IN R-1, R-2, R-3, R-4, R-5 DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN
MONDAY 12/14/2015, 6:30 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
RALPH WHITNEY, COUNCILMAN PRESENT
FRANK STOW, COUNCILMAN PRESENT
RICHARD SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
OTHERS PRESENT: Brad Lawson, Zoning C.E.O.; Dave Stapleton, Attorney; Robin Miller, Bookkeeper; Louis Rieg, Planning; Clayt & Helen Emick; Nancy Thomas, Town Clerk
Mrs. Carlson opened the hearing at 6:30 PM. A copy of the Full EAF form as completed by Attorney Stapleton was given to all board members.
• MOTION # 136 OF 2015
MR. MCNEILL MOTIONED THAT THE TOWN OF NORTH HARMONY TAKE LEAD AGENCY STATUS ON THE SEQR FOR LOCAL LAW #2-2015. MR. SENA SECONDED.
YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Thomas read the response to the Municipal Zoning Referral submitted to Chautauqua County Department of Planning which was received on 12/14/15. The response indicated that “the proposed action would have no significant county-wide or inter-community impact and that the proposal would be a matter of local concern”. There was an informal comment related to Section 4.(A)(6)(a) which the board agreed to take into account during the review of the local law. Mrs. Thomas provided each member a copy of the response.
Mr. Stapleton said he and Mr. McCord had spoken about this and the reviewer had indicated that he felt that the language “side yard setback for standard lot 20 feet” is a little difficult to understand, so they discussed adding language indicating it is the setback for the principal residence and also a 10 foot setback for any accessory use in the R-1 District. He said the proper language could be discussed further in the process after the SEQR is reviewed.
PART I – PROJECT AND SETTING
Mr. Stapleton completed the Full EAF and reviewed Part I in its entirety for those present.
There were minor changes and deletions which included:
• B. Government Approvals; e. & f. were transposed in the original and that item was corrected.
• C.3. Zoning; a. Districts A, AR, TC-1, TC-2, TC-3, TC-4, C-1, I-1, I-2 were deleted from the district classifications list
• C.4. Existing Community Services; a. Sherman Central School was deleted from the site location
PART II – IDENTIFICATION OF POTENTIAL PROJECT IMPACTS
Mr. Stapleton reviewed Part II in its entirety and the responses of the Lead Agency were recorded on the original SEQR document. All responses were answered “No”.
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12/14/2015 (Pg. 2)
PART III – EVALUATION OF THE MAGNITUDE AND IMPORTANCE OF PROJECT IMPACTS AND DETERMINATION OF SIGNIFICANCE.
• MOTION # 137 OF 2015
MR. SENA MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR LOCAL LAW NO. 2-2015, A LOCAL LAW TO LIMIT ACCESSORY STRUCTURES IN R-1, R-2, R-3, R-4, R-5 DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN. MR. MCNEILL SECONDED. A ROLL CALL VOTE WAS TAKEN: MR. MCNEILL, YES; MR. WHITNEY, YES; MRS. CARLSON, YES; MR. STOW, YES; MR. SENA, YES. THE MOTION WAS CARRIED UNANIMOUSLY.
Mrs. Carlson closed the Public Hearing at 6:50 PM.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 12/14/2015 7:00 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
RALPH WHITNEY, COUNCILMAN PRESENT
FRANK STOW, COUNCILMAN PRESENT
RICHARD SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
OTHERS PRESENT: Brad Lawson, Zoning C.E.O.; Dave Stapleton, Attorney; Robin Miller, Bookkeeper; Louis Rieg, Planning; Clayt & Helen Emick; Howard Peacock, Justice; Dan Strickland, Highway Sup’t.; Pierre Chagnon, Legislator; Nancy Thomas, Town Clerk
• PLEDGE
• 6:30 PM – SEQR / PUBLIC HEARING ACCESSORY USE & SETBACKS IN “R” DISTRICTS
• MINUTES: 11/04/15 & 11/09/15
• MOTION # 138 OF 2015
MR. STOW MOTIONED TO ACCEPT THE MINUTES OF THE 11/4/2015 BUDGET HEARING AND THE 11/9/2015 TOWN BOARD MEETING AS PRESENTED BY THE TOWN CLERK. MR. SENA SECONDED. YES (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
• ANNOUNCEMENTS:
ASHVILLE FIRE DISTRICT ELECTIONS: 5 yr. term Michael Gleason; 1 yr. term Dave Foster
• PUBLIC COMMENT:
• CORRESPONDENCE:
1. TIME WARNER FRANCHISE FEES $1,762.64
CHANNEL UPDATE
2. ASSOCIATION OF TOWNS – 2016 RESOLUTION COMMITTEE
Mrs. Carlson said a list of proposed resolutions for the AOT is available for anyone interested.
3. NYMIR – RISK MANAGEMENT
4. M&T BANK – COPY OF CANCELLED BOCES ROAD PUSH BAN RECEIVED
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• OLD BUSINESS
• VICTORIA ROAD ROW – LETTER FROM SCOTT HUMBLE
Mrs. Carlson said we had received a letter from Scott Humble indicating that he had not done any work in the creek at the Victoria Rd. ROW.
• ZBA – REPLACEMENT FOR REMAINDER OF DICK BARTON TERM (EXP. 12/31/17)
Mrs. Carlson asked Mr. Lawson if he has found a replacement for Mr. Barton on the ZBA.
Mr. Lawson said he has contacted two people and one declined but the other is thinking about it. He said we hope to have some candidates for the board at the January meeting.
• SIGN AT BOCES “V”
There was general discussion of available space for additions to the sign and the removal of businesses that no longer operate in Ashville. Candidates for addition are American Karate, Pikes Garage, Speedy Auto, Upholstery Business, Dog Groomer’s, Chautauqua Grocery, etc.
Mrs. Carlson said she would try to contact those who might be interested in space on the sign.
• NEW BUSINESS:
• AUDIT JUSTICE COURT BOOKS
Mrs. Carlson said an outside audit of the Justice Books has been discussed and Mrs. Stow was able to get a quote from Laurita and Bagett for the agreed upon procedures for $2,750.00 per year or if the town wished to do it for the short year January to May, they would bill at $105.00/HR. She asked if the board wanted to act on this now or hold it in abeyance.
Mr. Sena asked if this would be in lieu of the board members doing the audit.
Mrs. Carlson said yes.
Mr. Sena said he liked the idea of perhaps getting a one year contract to do the audit so the board would be working off of a clean slate. He said the board could perhaps use their forms in the future as a guide line for procedure.
Mrs. Carlson said the reason for using the short year (Jan. – May, 2015) was because Judge Bensink had resigned in May, 2015.
Mr. Stow said if he understood Mrs. Stow correctly, when a justice resigns/retires, the court system requires a final audit.
Mr. Peacock said he believes that is correct.
Mr. Emick asked if the audit should be put out for bid.
Mrs. Thomas indicated that since the quote is under procurement policy, technically it would not be required to go to bid. She said it could be put out to bid as a courtesy.
Mrs. Emick said a bid would let the town know if the quote was in the correct “ball park” for that type of service.
There was discussion of doing a full year audit as opposed to a 5 month audit. Mr. Sena said he would like have an outside audit to assure the town of a clear outcome going forward. He said he had discussed with other towns what their procedures for this are.
Mr. Peacock said he would like to see a full outside audit especially in light of the issues that have arisen in other town courts recently.
Mrs. Carlson said that would probably cost at least $5,000.00.
There was discussion that the last NYS Audit had occurred around 2004. It was also noted that there had not been an outside audit when Judge Thomas retired.
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Mr. Emick asked when the last time the town had their books audited.
Mrs. Carlson said the town books are not audited because they submit an Annual Update Document to the Comptroller that is very detailed and viewed very thoroughly.
Mr. Emick asked if the State audits the town books.
Mrs. Thomas said they used to audit the town books more frequently. Mrs. Carlson said they used to audit about every 3 years. She assured Mr. Emick that all persons who handle town monies are bonded.
Mr. Stapleton said he has quite a few not for profits that use auditors in Jamestown. He gave the following names: Saxton & Coker, Mike Cory, BWB, etc. He suggested that a general audit would be good idea to see if any red flags come up to determine whether a more full blown audit is required.
Mrs. Miller said as Treasurer of the Fire District, they were required by the State to have independent auditors and they put it out to bid and the only ones to reply was BWB. She said the Comptroller’s office had done a minor surface audit after that.
Mrs. Thomas said that when towns use an independent auditor for their books, the state is generally less concerned about doing full blown audits.
Mrs. Carlson said she would contact some of the firms noted and see what the cost would be.
Mr. Sena asked if there is a deadline for the audit of the Court books.
Mrs. Thomas said generally the board does the audit in January so that a motion can be made at the February meeting to satisfy the yearly request of the Unified Court System.
Mr. Peacock said he would check with the Court System and Mrs. Carlson said she believes the request is usually by 1/21/2016.
• CALENDARS FROM HARMONY CELEBRATING BI-CENTENNIAL
Mrs. Carlson said we have received calendars from Harmony which will be on sale for $5 each which will support their Bi-Centennial Celebration.
• YEAR END MEETING DATE – MONDAY, 12/28/2015 AT 12:00 NOON
• MOTION # 139 OF 2015
MR. WHITNEY MOTIONED TO HOLD A YEAR END TOWN BOARD MEETING ON MONDAY, 12/28/2015, AT 12:00 PM. MR. MCNEILL SECONDED. YES (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
• LOCAL LAW #2-2015 ACCESSORY USE AND SETBACKS IN “R” DISTRICTS
Mr. Stapleton reviewed proposed Local Law #2-2015 in its entirety. He stated that the Planning Board (PB) had submitted the draft to the Town Board. He said they have been working on this law for over a year.
Mrs. Thomas stated that a copy of the proposed law had been made available on the town website and in her office well in advance of the hearing.
• MOTION # 140 OF 2015
MR. SENA MOTIONED TO ADOPT LOCAL LAW NO. 2-2015 A LOCAL LAW TO LIMIT ACCESSORY STRUCTURES IN R-1, R-2, R-3, R-4, R-5 DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN. MR. MCNEILL SECONDED.
Discussion:
Page 2., Section 4.A., 3.)
Mr. Stapleton asked why the side and rear setbacks are smaller.
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Mr. Lawson said because that is a Tourist Commercial District and it was felt that more could be located on the lots in the gravel pit and Hadley Bay area (West and East side of 394)
Page 2., Section 4.A., 4.)
Mr. Stapleton asked where the L-1 Districts were mainly located.
Mr. Lawson said they are located at the Stedman interchange, Ramsey and Eke Rds., and there are a couple of floating districts.
Page 2., Section 4.A., 5.)
It was discussed that waterfront lots are treated differently due to view sheds and fire separation. It was noted that the lakefront is already built up and structures are very tight.
Mr. Strickland noted that the town drain pipes that go to the lake have in many cases been built on top of and that is not a good situation. He asked if consideration for this could be placed in the zoning law so that when a structure or addition is added that will be taken into consideration and perhaps the owner could bear the cost of replacing drainage, etc.
Mr. Stapleton asked if there are any kind of written easement agreements on these drain lines.
Mrs. Carlson said she does not believe there are any records on where the pipes are.
Mr. Lawson said he could contact Mr. Strickland when he receives that type of request and verify with him if there are any drain pipes, etc. that might present an issue.
Mr. Strickland said most of the damage had been done in the past before zoning was established but some communication in the future would alleviate the problem. He said there is a big problem on Magnolia Rd. where Chautauqua Escapes drains across the road into the pipe which existed before the Escapes and is way too small to deal with the volume of water causing flooding problems.
Mr. Stapleton said it is a good practice to require owners to give easements to the town if they want us to go in and take care of drainage issues.
Mrs. Emick as a member of the Zoning Board of Appeals stated that this could be made a condition of any approval of that board.
Mrs. Carlson said communication between Mr. Strickland and Mr. Lawson should go a long way toward alleviation of the problem.
• Amendments to the local law which were suggested during discussion are as follows:
-Pg. 2., STORAGE STRUCTURE: Any constructed combination of materials located (Add) on, or attached to the ground utilized for non-inhabited storage purposes.
– Page 2., Section 4.A., 6.)
A nonconforming lot of less than 40,000 square feet in the R-1, R-2, R-3, R-4, or R-5 Districts, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure (Add) an accessory use building or storage structure only, may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted ….
• Pg. 3. Example in an R-1 Zoning District (Add) with a “20’ side setback for primary use
(Delete) **Side Yard Setback for Standard Lot – 20 feet
• MOTION # 141 OF 2015
MR. SENA MOTIONED TO ADOPT LOCAL LAW NO. 2-2015 A LOCAL LAW TO LIMIT ACCESSORY STRUCTURES IN R-1, R-2, R-3, R-4, R-5 DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN WITH THE FOLLOWING AMENDMENTS:
-Pg. 2., STORAGE STRUCTURE: Any constructed combination of materials located (Add) on, or attached to the ground utilized for non-inhabited storage purposes.
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– Page 2., Section 4.A., 6.)
A nonconforming lot of less than 40,000 square feet in the R-1, R-2, R-3, R-4, or R-5 Districts, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure (Add) an accessory use building or storage structure only, may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted ….
• Pg. 3. Example in an R-1 Zoning District (Add) with a “20’ side setback for primary use
(Delete) **Side Yard Setback for Standard Lot – 20 feet
MR. MCNEILL SECONDED. YES (5) WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
• WORKMANS COMPENSATION NOTICE ON BRUCE STEVENS M.E.O.
Mrs. Carlson said she had received notice from Workman’s Comp. that Mr. Stevens has received a 65% disability status. She said the town would notify him as to his options.
• CARBON MONOXIDE IN RENTAL UNIT
Mrs. Carlson said she had received a phone call about carbon monoxide in a rental unit located in the town. She said Mr. Lawson is pursuing that.
• REPORTS:
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following had occurred at the November, 2015 Legislature meeting:
• Newly formed CLWMA applied for 6 State grants for Stream Bank stabilization and erosion control projects and all 6 grants were awarded for a total of $1.4 million next year. One of the projects is for Ball Creek in North Harmony.
• Approved SEQRA findings statement for Phase IV expansion and improvements at the Chautauqua County Landfill.
• Authorized the issuance of $18,000,000 bonds of the County of Chautauqua, to pay the cost of the design and construction of the expansion of the sanitary landfill. Those bonds will be repaid entirely by revenues generated by the landfill enterprise account.
• Distributed Mortgage Taxes for second and third quarters 2015
o Bemus Point $ 3,039.37
o Ellery $45,988.25
o North Harmony $21,029.84
• Established the Chautauqua County Equalization rates for the 2016 tax rolls. Both Ellery and North Harmony rates will be 100%. 11 of the 27 towns are at 100%; 7 towns are below 90%.
• Approved the labor contract with CSEA Unit 6300, which represents the majority of County employees. The agreement includes no increase in wages for 2012, 2013, and 2014; 2% increase in wages for 2015, 2016, and 2017; and significant modifications to health insurance benefits.
KEVIN OKERLUND, ASSESSOR
Mrs. Carlson said the Assessor Report indicated that all files have been submitted to the County for tax bill printing. All STAR and exemption renewals will be mailed the first week of January. He said there will be included an affidavit of written lease for rented land for all owners who rent their property and take advantage of the AG exemption.
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DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said the highway is catching up on chores, i.e. rearranging shop, sealing the floor, etc. He said the salt shed is done. He said they are rearranging the stock piles and indicated he needs to get the town to help him with contacting the Millers re the use of their property. He said the goal is to make the property look good.
Mrs. Miller asked Mr. Strickland if he had been in touch with any of the Fire Chiefs regarding plowing.
Mr. Strickland said he had.
HOWARD PEACOCK, JUSTICE (Copy of Report in Minute Book)
Judge Peacock read the Justice Report for November, 2015 for those present. He said things have started to slow down somewhat in the court.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson gave a brief overview of his report for those present. He said there will be a new home in December, 2015.
BRAD LAWSON, AFD FIRE COMMISSIONER
Mr. Lawson said the Fire District is purchasing a Striker Load System for the ambulance. He said it cost a lot of money and there has been a great deal of negotiation on this item. He said the Dept. has a Striker Gurney which lifts electrically and the load system takes the gurney from the unit and allows the system to slide inside without heavy lifting or pulling. He said this will save manpower and back injuries as the system is rated for 600 lbs. He said the District is also looking at providing Accident and Life Insurance for department members. He said they feel this is affordable for the district and gives incentive for new membership.
Mr. Strickland said he is very impressed with the Fire Department personnel. He said they are really on top of things and are very responsive.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had received a letter from Andy Goodell in response to the letter she had sent regarding the use of tannerite. She said Mr. Goodell indicated that the bills addressing the use of tannerite had not made it to the floor during the session, but he will support it if it makes it to the floor in 2016.
Mrs. Thomas said she has a balance in her Town Clerk checking account of $369.95 which was a double payment of taxes by Empire Energy E&P. She said she had issued a refund check which had never been cashed and asked how this should be handled. She said she had contacted them by phone about this but it has not been resolved. After discussion it was decided that a letter should be sent to them to prove due diligence and then the distribution of the monies if not resolved should be discussed with the State Comptroller.
Mrs. Thomas said she had discussed this with Mrs. Carlson and would like to appoint Carol Sena as Deputy Clerk and Registrar. She said Mrs. Vaillancourt has turned in her keys and she doesn’t feel she will be able to resume her duties as deputy any time in the near future. Mrs. Thomas said she is looking toward the future with the appointment of Mrs. Sena.
Mrs. Emick asked if the appointment would be a conflict of interest with the board approving the bills and her being a deputy clerk.
Mr. Sena said he had thought about that a great deal and had left the decision to Carol. He said Mrs. Thomas really needs help with her office duties. Mr. Sena said it is a one day a week job generally, except for the tax season.
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Mrs. Thomas said generally she completes the vouchers and all 5 of the board members sign off on each one.
Mrs. Emick said there is a continuing practice of this and questioned how it looks to the outside world. She said in this situation it should be alright, but going forward this should be addressed.
Mrs. Miller asked about Mrs. Best.
Mrs. Thomas said she may be asked to fill in if she is willing. There was further discussion of Mrs. Best.
• MOTION # 142 of 2015
MR. MCNEILL MOTIONED TO APPROVE THE APPOINTMENT OF CAROL SENA AS DEPUTY TOWN CLERK AND REGISTRAR EFFECTIVE 12/14/2015, AT A RATE OF $10/HR. MR. STOW SECONDED. YES (4): WHITNEY, STOW, MCNEILL, CARLSON. NO (0). ABSTAIN (1): SENA. THE MOTION WAS CARRIED.
• MOTION # 143 OF 2015
MR. STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5); WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO: (0).
CARRIED.
SALLY P. CARLSON, SUPERVISOR
• MOTION # 144 OF 2015
MR. STOW MOTIONED TO APPROVE THE SUPERVISORS REPORT AS PRESENTED. MR. SENA SECONDED. YES (5): WHITNEY, STOW, SENA, MCNEILL, CARLSON. NO (0). THE MOTION WAS CARRIED.
VETERANS COMMITTEE
Mrs. Carlson said the Veterans Committee will meet on Thursday 12/17/15 at 10:00 AM. She noted that the town clerks report indicates that over $19,000.00 was sent to CRCF for the Veterans Park Project.
• MOTION # 145 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS IN THE
AMOUNT OF $113,090.89 AS REVIEWED AND AUDITED EARLIER. MR.MCNEILL
SECONDED. YES (5): WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0).CARRIED.
• MOTION # 146 OF 2015
MR. WHITNEY MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS IN THE
AMOUNT OF $39,839.16 AS REVIEWED AND AUDITED EARLIER. MR. MCNEILL
SECONDED. YES (5); WHITNEY,STOW, SENA, MCNEILL, CARLSON. NO (0). CARRIED.
• MOTION # 147 OF 2015
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. MCNEILL, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 8:45 PM.
Nancy M. Thomas
Town Clerk
