TOWN OF NORTH HARMONY
SEQR, SITE PLAN REVIEW, PUBLIC HEARING
VIDAL ELECTRIC SPECIAL PERMIT
TUESDAY, 7/6/2021, 6:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL PRESENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Dale Robbins & Kelly Johnson Attorneys; Kim & Chad Cole, Vidal Electric; Jared Anzalone; Emily Faust; Brad Lawson, Zoning C.E.O.; Robin Miller, Bookkeeper; Nancy Thomas, Town Clerk
Mr. Yates brought the hearing to order at 6:00 PM with the Pledge of Allegiance.
This is a Site Plan Review, SEQR and Public Hearing on a Special Permit Request by Chad Cole, Vidal Electric, LLC to construct an electrical business warehouse and offices at property located at 6344 Stow Road, specifically Sec. 331.00-1-13 in the Light Industrial District which exceeds 5,000 sq. ft.
Mr. Lawson said the Cole’s would like to build a 6,000 sq. ft. warehouse/office building at the property which according to our Zoning Code requires it to come to the Town Board for the review and permit. He said the building and business are not perfectly set in our zoning but it does comply with some of the use requirements which he will discuss further in the hearing.
Mr. Yates asked if the board members had an opportunity to review the site plan maps and Part 1- Project Information of the Short EAF. All replied they had reviewed those documents. He asked if anyone from the public wished to speak regarding the application.
Jared Anzalone said he is with 3 Seas Recreation that is located near the proposed project and he feels it is a first class project and is in favor of it.
Emily Faust said she lives across the street from the proposed project and is also in favor of their plans.
Chad Cole said their business is currently located in Sherman at his parent’s home and it has been expanding. He said as his father is considering retirement and they would like to move it to the Stow Road location so his father can retire without a business in his backyard. He said the building will have 2 baths; 2 offices and warehouse space. He said cameras and security will be installed and lights will be on the building for security. He said eventually they would like to fence the grounds and have an electric gated entrance. He noted that there will be no parking lot lights and what lights are there will down lighting in order to mitigate any issues with neighboring properties. He said the only equipment to be stored outside will be a man lift if it does not fit inside. Mr. Cole said the County Health Department has identified the best location for their septic system in relation to the project which is off the back corner of the building toward Stow Rd. and their well will be toward I-86.
Mr. Yates asked if any plans have been made for storm water/drainage control.
Mr. Lawson said there are some plans included in their drawings.
Mr. Sena said the driveway and landing are already there.
Mr. Cole said yes and that area is the site for the building. The driveway entrance is located on the Panama-Stedman Rd. (CR33).
Mr. Senske asked if the building would be all steel construction.
Mr. Cole said yes, mostly steel with some wood in the office area for aesthetics. He said there will be radiant heat in the building. He also provided some representative photos of what the building will look like. It was noted that the rear elevation of the site is higher than the roadside elevation and Mr. Cole indicated that they plan to keep the roadside trees as a buffer for neighbors.
Kim Cole said part of the reason for the building location is due to an AT&T line ROW located there.
- SHORT EAF REVIEW
All board members indicated that they had reviewed Part 1 – Project Information as completed by the applicant and had no issue with the written responses.
Mr. Yates reviewed Part 2 – Impact Assessment in its entirety with the board and all question responses were “No, or small impact may occur”.
Mr. Yates reviewed Part 3 – Determination of Significance in its entirety and asked the Town of North Harmony Town Board as Lead Agency based on the information and SEQR to indicate that the proposed action will not result in any significant adverse environmental impacts.
- MOTION # OF 2021
MR. SENA MOTIONED FOR A NEGATIVE DECLARATION OF IMPACT ON THE SEQR FOR THE VIDAL ELECTRIC, LLC APPLICATION FOR A SPECIAL PERMIT. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED THE PUBLIC HEARING AND SEQR PORTION OF THE MEETING WAS ADJOURNED AT 6:22 PM.
Mr. Yates reconvened the meeting at 6:24 PM.
- SITE PLAN REVIEW VIDAL ELECTRIC SPECIAL PERMIT
Mr. Lawson said the site plan review should be done with this application since the size is 6,000+ square feet. He said according to our zoning the review does not require even a simple Stormwater Pollution Prevention Plan (SWPPP) at this point because it does not disturb more than 1 acre of land for the project. He said currently the land is a permeable surface of dirt and gravel and water will just soak in. He said if/when they put in blacktop it may be a different story and they would need to install something (i.e. drains, catch basin, etc.). Mr. Lawson spoke with the Cole’s and assured them he would help with their runoff requirements and plans.
There was discussion of the site plan and Mr. Robbins said any conditions the board wished to place on the approval should be included in the motion.
- MOTION # OF 2021
MRS. ORTMAN MOTIONED TO APPROVE THE SITE PLAN REVIEW FOR THE VIDAL ELECTRIC, LLC SPECIAL PERMIT APPLICATION WITH THE FOLLOWING CONDITION:
IF IN FUTURE BUILDING AREA IS SURFACED WITH BLACKTOP OR SOME OTHER MATERIAL, VIDAL MUST MAKE APPLICATION THROUGH THE ZONING C.E.O. TO ENSURE STORMWATER PLAN IS IN PLACE AND IN COMPLIANCE WITH ALL NYS AND TOWN CODES. MR. PFEIL SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- SPECIAL PERMIT APPLICATION VIDAL ELECTRIC
Mr. Lawson said the Board is being asked to grant a Special Permit to Vidal because the building is 6,000 sq. ft. which exceeds the allowed 5,000 sq. ft. He said it does coincide with what is allowed in the Il District even though it is not specifically listed. He said the board can add any conditions to this as it relates to lighting, ingress/egress, buffering, etc.
Mr. Cole said down lighting will be on the front of the building and on garage doors for security and safety. Signage has not been discussed at this point. He said there will be no parking lot lights at the request of Ms. Faust. He said the driveway is 40’ wide located on Panama-Stedman Rd. and the visibility is very good. Buffers as they exist, trees, etc. will be maintained as they are and if there are issues, more trees could be planted.
Mr. Pfeil asked if the board wanted to add any conditions.
All agreed that conditions have been stated in the content of the minutes.
Mr. Lawson added that the height of the non-residential building is within the allowed at 24.4’ in that district.
- MOTION # OF 2021
MR. SENA MOTIONED TO GRANT A SPECIAL PERMIT TO VIDAL ELECTRIC, LLC TO CONSTRUCT A 6,000+ SQUARE FOOT (5,000 IS ALLOWED) WAREHOUSE/OFFICE BUILDING IN THE LIGHT INDUSTRIAL DISTRICT AT PROPERTY LOCATED AT 6344 STOW RD., SPECIFICALLY SECTION 331.00-1-13 AS OUTLINED IN THE APPLICATION AND IN THESE MINUTES. MR. PFEIL SECONDED. YATES (YES); ORTMAN (YES); SENA (YES); SENSKE (YES); PFEIL (YES). THE MOTION WAS CARRIED (5) YES. (0) NO.
- EXPENDITURE LAKE BEAUTIFICATION BUDGET FUNDS $15,000.00
Mr. Yates said he wanted to discuss these funds. He said there have been many conversations and complaints from residents regarding the condition of the lake in our town. He said the weeds started early this year and were very heavy but the CLA had come out and done a very good job of cleaning the weeds.
Mr. Yates said the CLA has always been prompt in taking care of our weeds as quickly as possible. He would like to divide the Lake funds as follows: $7,500 to CLA; $3,750 to CLP; and $3,750 to CWC.
He said the CWC has helped with planning, drawings, and technical advice in Hadley Bay and on Winona Ave. He said they are currently helping with the Ball Creek projects. He said since he has been Supervisor the town has not donated to the CWC and feels they deserve it. He said all are aware of his position on herbicides, but he would like to contribute to the CLP in support of their scientific studies using sensors on the lake through Bowling Green University and the town has received good information related to our issues at Hadley Bay and Ball Creek. He said the CLP is doing some good work in this area moving forward and no one else is doing that type of work at this time. He said there is a very high ammonia content coming from Ball Creek water and that science will help.
Mrs. Ortman said she agrees with the $7,500 to the CLA because she has observed them from her property on the lake for several weeks working in our area and cleaning out the weeds in our town. She said she also agrees with the amount of $3,500 to the CLP and CWC. She suggested that any funds given to the CLP be stipulated for specific research and development programs only and said she has been annoyed at some of the tactics they have used in the past.
Mr. Sena said he had asked CLP specifically if the town could give money toward the research being done at Bowling Green and University of North Carolina. He said he understands the board is against the use of herbicides and he respects that. He said Bowling Green had lost one of their sensors which cost approximately $25,000 in the North Harmony area on the lake and those sensors were providing valuable
information on the lake. He said he feels a donation of $3,750 to the CWC is too generous because they are already heavily funded and what they offer is more in-kind work and personal attention which doesn’t require funding. He said he agrees with Mrs. Ortman and had spoken to the CLP and they have no issue with designating donated funds for a specific use. He proposed $7,500 to the CLA; $5,000 to CLP with stipulation that it be expended on research and development through the Universities for the lake; and CWC at $2,500.
Mr. Senske said his thoughts on the funds relate more to how the town can optimize the rest of the summer for residents. He said there have been millions of dollars on studies and he is in favor of that, but his concern is Summer 2021 and putting the money where it can best serve the lake today. He asked if the board feels giving $7,500 is enough to give the CLA for 2021? He asked if the board felt giving more to the CLA would provide top notch service to the town for the remainder of 2021. He suggested the town give $10,000 to the CLA and $2,500 each to the CLP and CWC.
Mr. Pfeil said he would have to recuse himself from the vote because of conflict. He said as a board member of the CLA he had requested that they begin cutting curly pond weed before June 1st in order to get out ahead of it. He said they had begun cutting in Connelly Bay on 6/15/21 and had done some work in the navigational channels. He said they have cleaned up the lake in the town and done a good job. He said they are attempting to remove the pond weed as well, as the vegetation left on the bottom is a large source of harmful nutrients in the lake. He said the water clarity is very good. He referenced the letter sent to lake residents by the CLP which was offensive to him but was in favor of the scientific work they are doing through the Universities.
There was further general discussion of the benefits of scientific study on the lake.
Mr. Yates said he feels it is important that all three organizations receive funding. He said Mr. Senske had a very good point about doing what is best for summer 2021 which had been overlooked. He said blue green algae will be an upcoming problem and the town will need the CLA to use County skimmers to alleviate that.
Mr. Sena suggested the board authorize the $7,500 to the CLA and table the remaining funding until the next board meeting on 7/12/21.
- MOTION # OF 2021
MR. SENA MOTIONED TO AUTHORIZE A GENERAL FUND EXPENDITURE FROM THE LAKE BEAUTIFICATION ACCOUNT A-8510.4 IN THE AMOUNT OF $7,500 TO THE CHAUTAUQUA LAKE ASSOCIATION (CLA). MR. SENSKE SECONDED. YES (4): SENA, ORTMAN, SENSKE, YATES. ABSTAIN (1): PFEIL. NO (0). THE MOTION WAS CARRIED.
Mr. Yates noted that the disposition of the remaining funds will be on the agenda for the next Board Meeting.
- PROJECTOR SCREEN – LOCATION IN COURT/MEETING ROOM
Mr. Yates said they had put up the projector screen in the room and it occurred to him that the board would be looking at the backs of people during presentations. He said he would like to move the screen and projector which will require an electrician to run some wire.
There was further general discussion of the logistics and all agreed to moving it prior to the Open House on 7/31/21, so it can be used.
- MITCHELL PROPERTY
Mr. Yates said the realtors would like to list 3 acres of the town owned Mitchell property for sale. He asked if there were any objections. All agreed that made sense. He said the Community Building has been cleaned out and is ready to put on the market and he will contact the realtor regarding this.
There was discussion of the basement and the fact that there is junk that needs to be cleaned out.
- MOTION # OF 2021
ON A MOTION MADE BY MR. SENA, SECONDED BY MR. SENSKE AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 7:05 PM.
- MOTION # OF 2021
MRS. ORTMAN MOTIONED TO RE-OPEN THE MEETING AND ENTER INTO EXECUTIVE SESSION AT 7:08 PM TO DISCUSS A PARTICULAR PERSON’S EMPLOYMENT. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # OF 2021
MR. SENA MOTIONED TO ADJOURN THE EXECUTIVE SESSION AT 7:35 PM. MR. SENSKE SECONDED. YES (5): SENA, ORTMAN, SENSKE, PFEIL, YATES. NO (0). THE MOTION WAS CARRIED.