TOWN OF NORTH HARMONY
SEQR & PUBLIC HEARING SUBDIVISION LAW
MONDAY, 12/12/2016, 6:30 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN ABSENT-ILLNESS
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Louis Rieg, Planning Board; Nancy Thomas, Town Clerk
Mrs. Carlson opened the Public Hearing at 6:30 PM.
- MOTION # 143 OF 2016
- MCNEILL MOTIONED TO TAKE LEAD AGENCY STATUS ON THE SEQR FOR PROPOSED LOCAL LAW #5-2016, SUBDIVISION LAW. MR. STOW SECONDED. YES (4):
STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mrs. Carlson said the County Planning Dept. responded to the Municipal Referral submitted by the Town Clerk and indicated in a letter dated 12/12/16 that there was no significant impact and the proposal would be a matter of local concern.
Mr. Stapleton reviewed the Full Environmental Assessment Form, Part I – Project and Setting for those present. He indicated that since there are no projects being considered at this time Part I only need be completed through C.4. Mr. Stapleton reviewed Part 2 – Identification of Potential Project Impacts in its entirety. All questions, 1. – 18. were answered “No” based on the fact that there is no current physical project under consideration.
- MOTION # 144 OF 2016
MRS. ORTMAN MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE SEQRA FOR LOCAL LAW #5-2016 SUBDIVISION OF LANDS. MR. MCNEILL SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Stapleton said the Subdivision Law was essentially created to enhance the town’s ability to regulate development in accordance with the Comprehensive Plan that the town has passed. He said the law is a set of standards and regulations that a developer must meet in order to be approved for a subdivision. Mr. Stapleton reviewed the law for those present. He said essentially any proposed subdivision will be given to the Planning Board for review for consistency with this law. Noted in discussion were the definitions of Lot Line Adjustment; Preliminary Plat; Subdivision, Minor and Subdivision, Major. There was review of pages 15, 16 and 17 which provide diagrams of Preliminary Plat Review Procedures; Minor Subdivision Review Procedures; and Major Subdivision Review Procedures. There was discussion of the required time frames for action in the Review Procedures and Mr. Stapleton said these could be adjusted or extended by mutual consent if there are issues with the application. Mr. Stapleton said this law had been reviewed extensively and approved by the Planning Board. Specifically discussed was Section 801 Waivers B. concerning prior surveys or plats being grandfathered (i.e. Trolley Stop Lane, Deerwood).
Mrs. Carlson said it is her understanding after review of the law that the only board that has any responsibility is the Planning Board.
PUBLIC HEARING
12/12/16 (Pg. 2)
Mr. Stapleton said that is correct. He said if the board disagrees with that, there could be a provision added to the law that require a thorough review by the Town Board before any plat can be approved. He said according to Zoning the Town Board has the obligation to review and approve any type of Special Use Permit for any commercial development over 5,000 sq. ft.
Mrs. Carlson said her concern is that the Planning Board are not elected and that could generate concern.
Mr. Lawson said the town board always has the avenue of the Public Hearing to voice their concerns or opinions. He said he believes if it is 5 or more lots the board does the Special Permit (ref. Zoning Law Sec. 1101).
Mrs. Carlson asked if that would make things more convoluted for the developer.
Mr. Stapleton said no, it would just require a hearing before the Town Board and approval. He said perhaps the town should go back and put language into the document that refers to Zoning Law 1101 as it relates to the Local Law and allows notice to the developer that they still require Town Board approval.
It was discussed and agreed that Zoning Law 1101 needs to be referenced in the Subdivision of Lands Law for clarification purposes.
Mr. Stapleton said he would work on language for the addition for next month’s meeting. He said there has been some interest expressed in a subdivision by an individual and his attorney.
Mrs. Carlson closed the Public Hearing at 7:39 PM.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY, 12/12/2016, 6:30 PM
SALLY P. CARLSON, SUPERVISOR PRESENT
FRANK STOW, COUNCILMAN PRESENT
DICK SENA, COUNCILMAN ABSENT-ILLNESS
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
OTHERS PRESENT: Dave Stapleton, Attorney; Louis Rieg, Planning Board; Nancy Thomas, Town Clerk; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Robin Miller, Bookkeeper
- PLEDGE
- A moment of silence was observed for the passing of Mrs. Thomas’ mother.
- MINUTES: 11/9/2016 & 11/14/2016
- MOTION # 145 OF 2016
- MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 11/9/16 AND 11/14/16 TOWN BOARD MEETINGS AS PRESENTED BY THE TOWN CLERK. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- ANNOUNCEMENTS:
Mrs. Carlson said Mr. Sena reported that he had measured 42 ½” of snow at his home.
- CORRESPONDENCE:
The following correspondence has been received by the Town of North Harmony and is available for review at the offices:
- BARRON SIGNS
Mrs. Carlson read a letter from Tim Barron indicating that he will maintain the Veterans Memorial Sign at no cost to the town for as long as he is in business. This met with a round of applause.
- JOHN JABLONSKI – CWC – Requesting a letter of Support for Naetzker’s land donation
Mrs. Carlson said he indicated that Ms. Naetzker had donated 74 acres of land on Spooner Rd. to the CWC. He asked that the town send a letter of support for a grant they are requesting in the amount of $23,850.00 to convert it to trails, etc. Mrs. Carlson said part of the land is in Harmony and part in North Harmony. She said she had written the letter because she thinks anything left forested is a good thing for the watershed.
- NYS-DOS – Confirmation of Filing of Local Law #4-2016 Subdivision Moratorium
- ASSESSOR – OCTOBER PROPERTY TRANSFERS
- CHAUTAUQUA COUNTY LANDFILL – Tipping Fees for 2017 will be $28.50/ton
TOWN BOARD
12/12/16 (Pg. 2)
- MORTGAGE TAX RECEIVED – $33,674.08 (TOTAL FOR YEAR $52,833.91) (Up $14,604.83)
- OLD BUSINESS
- EMPLOYEE HANDBOOK – Highway employee – $400 clothing allotment per year
- MOTION # 146 OF 2016
- MCNEILL MOTIONED TO REVISE THE EMPLOYEE HANDBOOK AS FOLLOWS:
Page 19.; ARTICLE 13. HIGHWAY EMPLOYEES’ CLOTHING ALLOTMENT
$400 per year for each full-time employee effective 1/1/2016. TERMS: Employee must purchase through a town account, visible layer clothing.
MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
Mr. Stow indicated that he would like to see very visible clothing on the men for their safety.
Mr. Strickland said sometimes it is hard to find reflective style clothing at area stores but they would try to.
- WINDSTREAM REMOTE SWITCHING STATION DEAL CONCLUDED WITH THAYER’S
- COURT ADDITION
Mrs. Carlson said she spoke to Mr. Sena about the addition and he has not been able to get it taken care of yet. He indicated that he will focus on it after January 1st.
- NEW BUSINESS:
- YEAR END MEETING – DEC. 27, 2016 12:00 NOON
- MOTION # 147 OF 2016
- STOW MOTIONED TO HOLD A YEAR END TOWN BOARD MEETING ON TUESDAY, 12/27/2016, AT 12:00 PM. MR. MCNEILL SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- LOCAL LAW # 5-2016 – SUBDIVISION OF LAND
- MOTION # 148 OF 2016
- STOW MOTIONED TO TABLE LOCAL LAW #5-2016 SUBDIVISION OF LAND UNTIL 12/27/2016, FOR INCLUSION OF MODIFICATIONS DISCUSSED DURING THE PUBLIC HEARING ON 12/12/16. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- REPORTS:
TOWN BOARD
12/12/16 (Pg. 3)
ASSESSOR, KEVIN OKERLUND
Mrs. Carlson gave a brief overview of the report.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said they have been very busy with plowing but things are going well.
Mr. McNeill said there had been a comment about the plowing at the transfer station. He said when they plowed; Beichner’s indicated the snow had been piled against the dumpsters.
Mr. Strickland said they had not put the snow against the dumpsters, it is just what fell there and the plows just can’t get that close.
HOWARD PEACOCK, JUSTICE
Judge Peacock reported that $51,176.00 in fines, fees, and surcharges was collected by the Court and given to the Town of North Harmony CFO for the court cases reported to the NYS Comptroller for November 2016. We opened 239 new cases and closed 314 cases.
Of the $68,088.00 collected by the Court in November, the Town retained $19,144.00.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. Of interest is a possible subdivision for the property known as Grand View. He said there have been 5 new home starts this year.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon said the following occurred at the November Legislature meeting:
- We approved distribution of mortgage taxes for the period April 1 through September 30 2016. Town of Ellery received $51,800 (4th highest town); Town of North Harmony received $33,674 (6th highest town); Village of Bemus Point received $33,444 (7th highest village).
- We tabled a resolution to extend tax collection agreements with the cities of Dunkirk and Jamestown, to allow us more time to understand in detail how well the spirit of the agreements are being discharged and the costs to the County.
- We adjusted the 2016 Budget, increasing the appropriation for Early Intervention medical and health services by $150,000, due to the increased number of children in the Early Intervention Program. The societal costs on our most vulnerable continue to increase dramatically.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she has received the dates for 2017 Tax Collection: 1/9-2/7/17 0%; 2/8-2/28/17 1%;
and 3/1-4/3/17 2%. She asked the board for permission and approval to apply for a LGRMIF grant through Southern Tier West for digitizing Cemetery Records. She said this would be considered a shared service as a number of towns will be participating.
- MOTION # 149 OF 2016
- STOW MOTIONED TO AUTHORIZE THE TOWN CLERK TO APPLY FOR AN LGRMIF GRANT THROUGH SOUTHERN TIER WEST FOR THE DIGITIZATION OF CEMETERY RECORDS. FURTHER, THE SUPERVISOR WAS AUTHORIZED TO SIGN DOCUMENTS STATING THE SAME. MR. MCNEILL SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
TOWN BOARD
12/12/16 (Pg. 4)
- MOTION # 150 OF 2016
- STOW MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
SALLY P. CARLSON, SUPERVISOR (Copy of report in Minute Book)
- MOTION # 151 OF 2016
- STOW MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MRS. ORTMAN SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 152 OF 2016
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $31,175.00 MRS. ORTMAN SECONDED.
YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 153 OF 2016
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $46,344.52. MR. STOW SECONDED. YES (4): STOW, MCNEILL, ORTMAN, CARLSON. NO (0). THE MOTION WAS CARRIED.
- MOTION # 154 OF 2016
ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MRS. ORTMAN, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 7:45 PM.
- AFD FIRE COMMISSIONER ELECTION – Tues. 12/13/16, 6-9:00 PM
Nancy Thomas
Town Clerk
