TOWN OF NORTH HARMONY
PUBLIC HEARING, SEQR & SITE PLAN 3 SEAS RECREATION, INC.
MONDAY 7/9/2018, 6:30 PM
FRANK STOW, SUPERVISOR PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN PRESENT
Others Present: Tom & Jared Anzalone, 3 Seas Rec.; Steve Russo & Aaron Olson, Jamestown Macadam, Inc. (JMI); Michael & Lynn Silk; Bob Ribbing; Chet Opalecky; Dave Stapleton, Attorney; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Clayton & Helen Emick; Brad Lawson, Zoning CEO; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
- PUBLIC HEARING: 6:30 PM – SEQR; SITE PLAN REVIEW; SPECIAL PERMIT – 3 SEAS RECREATION
Mr. Stow brought the hearing to order at 6:30 PM.
- MOTION # 96 OF 2018
- SENA MOTIONED THAT THE TOWN TAKE LEAD AGENCY STATUS ON THE SHORT ENVIRONMENTAL ASSESSMENT FORM (EAF) FOR THE SITE PLAN REVIEW AND SPECIAL PERMIT REQUEST OF 3 SEAS RECREATION. MR. MCNEILL SECONDED. YES (5) SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
Mr. Stapleton said that a letter had been received from Chautauqua Co. Planning in response to the Municipal Referral submitted on this action indicating that the project would be a matter of local concern. Mr. Stapleton identified the property owner as Thomas Anzalone and the company as 3 Seas Recreation, Inc.
The description of the proposed action is the construction of a 40’x132’ pole building to house power sports equipment and conduct retail sales of same.
Mr. Lawson said the location of the project is the Light Industrial District LI.
Mr. Stapleton gave a description of the district from the zoning ordinance.
Mr. Lawson said in reviewing the matrix this action would be by Special Use Permit. He said he believes in the future they wish to possibly add further buildings to store their equipment and that of their customers (i.e., boat storage, vehicle repair shop, ATV and ski-doo storage).
SHORT ENVIRONMENTAL ASSESSMENT FORM
PART 1 – Project Information
Mr. Stapleton reviewed Part 1 in its entirety. Corrections/changes made to that portion with the agreement of the applicant are noted in red on the original application located in the Clerk’s office. It was discussed and determined that Mr. Anzalone is currently only requesting a permit for the building which will house the show room and retail portion of the business. All other buildings shown on the plot plan will be under separate permits as they are needed. Question 3.b. was corrected to 2/10 acres will be physically disturbed.
PART 2 – Impact Assessment
Part 2 was reviewed by the Board and questions 1. through 11. were designated, No, or small impact may occur.
PART 3 – Determination of Significance
The following determination was made based on review of Part 1 & 2 of the EAF.
- MOTION # 97 OF 2018
MRS. ORTMAN MOTIONED FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ON THE SHORT ENVIRONMENTAL ASSESSMENT FORM (EAF) FOR THE SITE PLAN REVIEW AND SPECIAL PERMIT REQUEST OF 3 SEAS RECREATION, INC. TO CONSTRUCT A 40’X 132’ POLE BUILDING TO HOUSE A SHOW ROOM AND RETAIL SALES STORE FOR POWER SPORTS EQUIPMENT AT PROPERTY LOCATED AT 3617 PANAMA-STEDMAN RD., SPECIFICALLY SEC. 331.00-1-17. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 98 OF 2018
MRS. ORTMAN MOTIONED TO GRANT A SPECIAL USE PERMIT TO THOMAS ANZALONE, OF 3 SEAS RECREATION, INC. TO CONSTRUCT A 40’X 132’ POLE BUILDING TO HOUSE A SHOW ROOM AND RETAIL SALES STORE FOR POWER SPORTS EQUIPMENT AT PROPERTY LOCATED AT 3617 PANAMA-STEDMAN RD., SPECIFICALLY SEC. 331.00-1-17, WITH THE FOLLOWING CONDITIONS:
- Applicant will contact County regarding widening of driveway onto property and obtain proper permit
- Permit for septic system must be sought and approved by County.
- Signage to be located at driveway and on building must be permitted and to code.
- SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 99 OF 2018
ON A MOTION MADE BY MR. SENSKE, SECONDED BY MR. SENA, AND NONE BEING OPPOSED, THE HEARING WAS ADJOURNED AT 6:25 PM.
TOWN OF NORTH HARMONY
PUBLIC HEARING JAMESTOWN MACADAM, INC. OPALECKY GRAVEL PIT SPECIAL PERMIT
MONDAY 7/9/2018, 6:45 PM
- PUBLIC HEARING: 6:45 PM – SPECIAL USE PERMIT – JAMESTOWN MACADAM, INC. FOR OPERATION OF OPALECKY GRAVEL PIT
Mr. Stow brought the hearing to order at 6:27 PM.
Aaron Olson and Steve Russo of Jamestown Macadam, Inc. (JMI) said their intent is to open up the Opalecky Gravel Pit on Open Meadows Rd. for the purpose of manufacturing item materials such as sand and gravel for the community (material is not of a quality to use as asphalt) . He said it was previously permitted to Tri-James, Inc. He said they have been through the NYS-DEC permitting process which included a Mining and Reclamation Plan completed by Forecon and full SEQR process. The town received from NYS-DEC a Negative Declaration and Notice of Determination of Non-Significance, as well as Notice of Complete Application Transmittal.
Mr. Stow said it appears from the application that the mine will be run much the same way it was under the ownership of Tri-James.
Mr. Olson said it will not be a high production operation; there will be portable equipment including a screener and crusher and probably will be a 2-3 month per year operation. He said the land will be reclaimed as meadow or farm land and they will be constructing a pond in the rear to handle any runoff at the request of the DEC. The distance from Carpenter-Pringle Rd. to the mine property line is approximately 450’ with a 25’ space between the property line (shown in black) and the mine limit setback line (shown in red) on the map located in the plan documents. He said trees will be left around the entire property with the exception of the area across from Silk’s which will have a berm built up (5 -16’ high). He said the operation will be down 35-40’ below that.
Mr. Silk who lives at 2335 Carpenter-Pringle Rd., directly across from the mine asked if they would lose the tree line across from their home. The Silk’s have written a letter and provided photos
Mr. Russo said eventually, yes. He said according to the DEC SEQR the air, noise and dust would be at acceptable levels with mitigation outlined in the permit.
Concerns expressed by neighbors were:
- Operation on Saturdays, dust and noise from trucks
- View shed (i.e. machinery, etc.)
- Disruption of well water due to digging
Responses of applicant to concerns:
- They have dust control plans and will implement them
- Will not be a daily operation. Pit will be used on a project material needs basis.
- Mining will not be done down to the water table per DEC rules
- Tree line removal is in the 2nd term portion of the permit and will not be done for quite some time.
- Majority of truck loads will use Open Meadows Rd.
Mr. Stow asked if the berm could be built prior to removal of the tree line and trees planted on it.
Mr. Russo said he did not know if that would work with the Mining Stages Plan that was approved by the DEC.
There was lengthy discussion of which should come first, the creation of the berm or the planting of trees in the area between the property line and the mine limit line on the portion of the mine directly across from the Silk’s property. There was discussion of the truck traffic and JMI indicated that for one year if they took 30,000 tons of material out of the mine it’s about 1,600 loads during the year (or 10-25 loads during a normal day based on the job).
Mr. Silk asked that it be put on the record that they have lived at their home for 34 years and have never had an issue with the quality or quantity of their water.
Mr. Russo agreed that JMI would plant trees immediately in the area directly across from the Silk’s between the property line and the mine limit setback.
Mr. Stow suggested they contact Jeff Angeletti the Conservation Instructor at BOCES for information.
Mr. Sena asked what the dust control measures are.
Mr. Olson said they use water, chips, stone and a broom truck to limit the dust on the roads. He said the permit requires they maintain the roads.
Mrs. Thomas provided minutes from the previous permit issued to Tri-James for the operation of the Opalecky Gravel Pit dated 10/24/2006, which was very similar to the current permit request for the purpose of providing the board with an outline of conditions that might be addressed.
- MOTION # 100 OF 2018
- SENSKE MOTIONED TO GRANT A SPECIAL USE PERMIT TO JAMESTOWN MACADAM, INC. (JMI) TO OPERATE A MINE KNOWN AS THE OPALECKY GRAVEL PIT LOCATED ON OPEN MEADOWS, SPECIFICALLY SECTION 383.00-1-11.2, AS OUTLINED IN THE APPLICATION; THE NYS-DEC NOTICE OF COMPLETE APPLICATION TRANSMITTAL; AND THESE MINUTES. MRS. ORTMAN SECONDED.
Mr. Sena asked that it be included in the record that the Silk’s will have their water tested for a baseline result on quality and flow for future reference.
YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 101 OF 2018
ON A MOTION MADE BY MRS. ORTMAN, SECONDED BY MR. MCNEILL AND NONE BEING OPPOSED, THE HEARING WAS ADJOURNED AT 7:45.
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
MONDAY 7/9/2018, 7:00 PM
FRANK STOW, SUPERVISOR PRESENT
DICK SENA, COUNCILMAN PRESENT
DUNCAN MCNEILL, COUNCILMAN PRESENT
LOUISE ORTMAN, COUNCILWOMAN PRESENT
STEVE SENSKE, COUNCILMAN PRESENT
Others Present: Dave Stapleton, Attorney; Dan Strickland, Highway Sup’t.; Howard Peacock, Justice; Clayton & Helen Emick; Brad Lawson, Zoning CEO; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
- MINUTES: 6/11/2018
- MOTION # 102 OF 2018
- MCNEILL MOTIONED TO ACCEPT THE MINUTES OF THE 6/11/2018, TOWN BOARD MEETING AS PRESENTED BY THE CLERK. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- CHAUTAUQUA COUNTY HAZARDOUS MATERIALS DROP OFF DAY, SATURDAY, 7/14/18, AT TOWN OF CHAUTAUQUA HIGHWAY BUILDING
- PUBLIC COMMENT:
The following correspondence has been received by the Supervisor and is available for review:
- HARMONY HISTORICAL SOCIETY – REQUEST FOR FUNDING
- ACCESS CH5 – REBRANDING TO ACCESS CHAUTAUQUA (Cable CH 1301)
- 2018 HERBICIDE TREATMENT SUMMARY
- NYS – ZONING LAW & PRACTICE REPORT
- CHAUTAUQUA WATERSHED CONSERVANCY (CWC) – Ball Creek Ecological Restoration Project (P.J. Article 6/3/18)
- CHAUT. CO. DOH – HARMFUL ALGAL BLOOMS UPDATE
- LYNN SILK, CARPENTER-PRINGLE RD. – Letter re JMI, Inc. – Opalecky Gravel Pit
- NYS AG & MARKETS – Municipal Dog Shelter Inspection Report 6/29/18 rated Satisfactory –
DCO Inspection Report 6/29/18 – rated Satisfactory
- CHAUTAUQUA CO. PLANNING – Municipal Referral Responses: 3 Seas & Opalecky Gravel Pit Special Permit – Matter of Local Concern
- NATIONAL GRID – Small Business Program – On-site free energy assessment of facility; NG will pay up to 60% of installation and equipment for energy upgrades
- 4 FOR 44 RELAY 9/10/18 – Certificate of Liability Insurance naming TONH as additional insured received
- NOTICE OF PUBLIC HEARING – TOWN OF ELLERY 7/12/18 AT 7:30 PM – Amend Article IV of the Zoning Law to add as a permitted use in the Town’s Highway Business District (B2) the use of a Safe Housing Refuge and Support Center
- OLD BUSINESS
- O’BRIEN & GERE ENGINEERS, INC. – S&CCLSD SEWER EXTENSION FOR WEST SIDE OF CHAUTAUQUA LAKE – Project change – Existing Sunrise Cove Pumping Station to be upgraded to allow bypass of the Goose Creek pumping station – force main will be able to flow from existing Sunrise Cove station directly to existing Sherman’s Bay pumping station (located by Smith Boy’s Marina)
- ZONING OF GRICE PROPERTY AT CORNER RT. 394 AND WELLS BAY RD.
Mr. Stow said the Grice’s have sold the property to Mr. Wells (original family that owned the property).
Mr. Lawson said he has spoken to the new owner and discussed what the Planning and Town Boards had recommended for the property previously as a Tourist Commercial (TC-2) District designation. He said Mr. Wells has discussed with him what they might do with the property (i.e. farmers market, etc.). Mr. Lawson recommended that the board rezone the property to the TC-2 District as previously discussed. Mr. Lawson said he would handle the paperwork and be ready for the Public Hearing at the next meeting on 8/13/18.
Mr. Stapleton said someone would need to establish the boundaries for the change.
Mr. Lawson said he would do that.
- MOTION # 103 OF 2018
- SENA MOTIONED TO HOLD A SEQRA AND PUBLIC HEARING ON 8/13/18, AT 6:45 PM ON PROPOSED LOCAL LAW #4-2018 AMENDING THE ZONING ORDINANCE MAP BY CHANGING CERTAIN PORTIONS OF LAND LOCATED BETWEEN WELLS BAY ROAD AND NATIONAL GRID ON RT. 394 FROM R-3 ZONING TO TC-2 ZONING DISTRICT. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- BUTTS PARK PAVILION – CONTRACTOR INVITE – Establish date for bid return – Bids must be in by 3:30 PM on 9/3/18
- NEW MUNICIPAL OFFICES/COURT FACILITIES
Mr. Stow said the proposed facility had initially faced Stow Road but that was changed so the front will now face the AFD building in order that the 50’ ROW could be maintained. Without the change, a utility pole would have been located in the ROW. It was discussed that this change makes better use of the land and allows for continuity and efficiency of the town and fire hall parking areas.
It was discussed that the municipal office and court office areas of the building had been reversed so that the town side is closer to the road end of the building.
Mr. Stow said talks with the architect included whether or not the town wanted the building designated as an emergency shelter for evacuations, I-86 closings, etc. He said a generator would be required if that is the case. There was discussion that the Fire Department is a designated shelter.
Mrs. Thomas said a generator would be good if the town needed to continue operations during an emergency situation. She said perhaps as a designated shelter grant funding would be available.
Mr. Sena said the building would definitely need a water system.
Mr. Stow agreed and said initially the AFD did not have a softener and the water would cause a buildup of film/deposits on the trucks.
There was discussion of the parking area (24 spaces + 11 on the other side) and it was noted that a gravel overflow parking lot could be used for the additional 11 spaces.
- DORMATORY AUTHORITY STATE OF NEW YORK (DASNY) GRANT
Mr. Stapleton said he had conversations with Ann Shaw, head of the Finance Department at DASNY and she was going to try to get things moving a little faster on the application. She recommended that the town wait 2-3 weeks until they completed the final 2 stages at which time they will send it to the Governor’s office and Senator Young’s office. He said Ms. Shaw was indicating a final approval time line of the end of summer or early September. He said things seem to be moving forward very efficiently so far.
Mr. Stow said he was concerned because the State budget had overestimated income by 5 billion.
Mr. Stapleton said DASNY funding is typically a bonding issue which comes directly from the budget.
- LIGHTHOUSE AT STOW FERRY
Mr. Stow said the new Lighthouse is back in place at the Ferry. He thanked the Highway Department, Chris O’Brien’s BOCES Carpentry Class, Cathy Peterson and all others who helped get this job done. He said he talked to Tim Baron and he said he would do an aluminum sign with plastic coating and caps for $400.00. He asked for input on what should be put on the sign. He said Mr. Baron indicated that $50-$100 should allow us to replace the Jess Present sign that was on the previous lighthouse.
- MOTION # 104 OF 2018
- MCNEILL MOTIONED TO AUTHORIZE THE EXPENDITURE OF $500.00 FOR A NEW SIGN FOR THE LIGHTHOUSE AT STOW FERRY LANDING AND A PLAQUE FOR JESS PRESENT TO REPLACE THE PREVIOUS ONE. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED UNANIMOUSLY.
Mr. Strickland said he would put a lock on the door of the lighthouse.
- NEW BUSINESS:
- SPECTRUM CABLE – Local Build Out
Mr. Stow said that Spectrum has been putting in support cable and ground wire in many areas of the town.
Mr. Sena said some of his neighbors had called Spectrum and they indicated that hook up for the system would not be complete until 2020.
- LLAMA CLUB – HOWARD FELDT – Request for waiver of 30-day notice for Liquor License – On Hold for now
Mrs. Thomas said it appears there are new NYS Liquor License rules involving the serving of alcohol in private clubs.
Mr. Lawson said he had spoken to someone from the Liquor Board about this.
- NYS-DOH – ELECTRONIC DEATH REGISTRY SYSTEM (EDRS) – Effective 8/23/18
Mrs. Thomas said Senator Young had sponsored a bill requiring that all registrar’s in New York State go live on the NYS-DOH EDRS system by 1/1/2019. She said the bill was advocated on behalf of the Funeral Directors Association of NY, but at this time only towns/villages with facilities (i.e. nursing homes, hospitals) have access and are using the system. The bill would allow heavy fines on town/villages who are not using the system by the 1/1/2019 date. She said that the problem with this is that the NYS-DOH determines who is authorized to use the system and without that access, registrars cannot comply with the law. Mrs. Thomas said subsequently Senator Young pulled her own bill. She said she received an email from the NYS-DOH today indicating that they are ready to roll out the program to local registrars for home deaths and North Harmony will be expected to be live on the DOH system by 8/23/18.
- ROLLAND KIDDER – ESTABLISHMENT OF WATER DISTRICT 6/2/18
Mr. Stow said he had received a memo from Mr. Kidder indicating that former Supervisor Bill Reynolds indicated that he thought the town had established a water district. He said he also spoke to Pierre Chagnon who said he had discussion with Sally Carlson about the possibility of laying a water pipe when the sewer goes in, but he did not think there was a water district. He said Mr. Kidder said it would make sense to bring water up the lake assuming there is a district in Jamestown that is willing to serve the system through Lakewood/Busti. Mr. Stow said currently water only goes to BOCES and questioned if we should increase that to the same boundaries as the sewer system.
Mr. Stapleton said there had been discussion with Dave Leathers and an engineer from the BPU 7-8 months ago at which time they indicated they would consider the proposal. He said he does not know if we ever heard back from them on this. There was discussion about how Busti had done it by creating a water district and building out more each year into various beneficial use districts where the recipients of the service bear the cost and it does not become a general town wide tax bill charge situation (i.e. BOCES, Sunrise Cove). He said he would be happy to put together a water district plan, but there should be some specific plan as to why we are doing this. He said perhaps Supervisor Stow could set up a meeting with the BPU.
Mr. Sena said in his last discussion with Mr. Leathers they had discussed at least getting the water lines in and then determining districts. He said there may be grant funding available.
Mr. Stow said he would arrange a meeting.
- LOGGING OF TOWN PROPERTIES
Mr. Sena said he had spoken to Mr. Johnson at Forecon and he indicated he would take a look at both properties (Butts Park/Panama-Stedman Gravel Pit) at no cost. He said he also spoke to Joel Bergland and he will also look at the properties. Both indicated they would give a report.
PIERRE CHAGNON, LEGISLATOR
Mr. Chagnon was unable to attend.
KEVIN OKERLUND, ASSESSOR
Mr. Okerlund’s report indicated that the Final Roll was filed 7/1/18 and a link to the roll is on the town website. He indicated they are working on next year’s assessment roll.
DAN STRICKLAND, HIGHWAY SUPERINTENDENT
Mr. Strickland said they have a plan for the bridge on Ramsey Road. He said they will not replace the bridge but will put in a 10’ pipe and a 4’ overflow pipe. He said the County will be assisting with the project. He indicated he has more than enough funds in his CHIPS for the project and a rough estimate is around $30,000.
HOWARD PEACOCK, JUSTICE
Mr. Peacock read the following report:
COURT REPORT FOR MONTH OF JUNE 2018
July 9, 2018 Board Meeting
$51,115.00 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 June 2018. We opened 397 new cases and closed 330 cases.
Mr. Peacock said he had sent an email requesting an extension for the JCAP Grant and she responded that she wanted him to call her. He said he has been unable to reach her by phone. He told the board one of the reasons they are not doing the yearly comparison on his monthly report is because it can be construed as actively seeking revenues for the court.
BRAD LAWSON, ZONING C.E.O. (Copy of Report in Minute Book)
Mr. Lawson reviewed his report for those present. He said there are issues on Ashville Bay Road again with the helicopter.
NANCY THOMAS, TOWN CLERK (Copy of Report in Minute Book)
Mrs. Thomas said she had nothing further to add to her written report.
- MOTION # 105 OF 2018
MRS. ORTMAN MOTIONED TO ACCEPT THE TOWN CLERKS REPORT AS PRESENTED. MR. MCNEILL SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
FRANK STOW, SUPERVISOR (Copy of report in Minute Book)
- MOTION # 106 OF 2018
- SENA MOTIONED TO ACCEPT THE SUPERVISORS REPORT AS SUBMITTED. MR. SENSKE SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 107 OF 2018
- MCNEILL MOTIONED TO APPROVE THE GENERAL FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $13,948.42. MRS. ORTMAN SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 108 OF 2018
- MCNEILL MOTIONED TO APPROVE THE HIGHWAY FUND VOUCHERS AS AUDITED AND REVIEWED EARLIER IN THE AMOUNT OF $17,520.75. MR. SENA SECONDED. YES (5): SENA, MCNEILL, ORTMAN, SENSKE, STOW. NO (0). THE MOTION WAS CARRIED.
- MOTION # 109 OF 2018
ON A MOTION MADE BY MR. MCNEILL, SECONDED BY MR. SENSKE, AND NONE BEING OPPOSED, THE MEETING WAS ADJOURNED AT 9:00 PM.