Town Board Meeting Minutes 10-05-09

October 5, 2009 Town Board Special Meeting Notes

At 5:05 Tom Traudt called this meeting to order. Ellen Silverstein, Dan Staley Bruce Washburn and Dod Crane were all present.

1. The Town Clerk distributed the 2010 Tentative Budget of $4,212,442. Tom explained the General Fund increase is 4.66% and the Part Town fund increase is 4.85%.

2. Dan motioned with Ellen seconded to set October 7^th at 5:00. October 9^th at 5:00 and October 14^th at 5:00 for budget workshops. Highway will be on Oct 7^th. All were in favor.

3. Authorize Supervisor to sign two Equipment Lease Agreements with D. W. Martine & Associates, LLC, for a Filter at both the North & South Fields at Vanderburgh Cove. Total rent for the two Filters will be $ 18,000 and shall be paid in equal monthly installments of $1,500 each for 6 months beginning October 2009, with the option of month to month rentals after the initial 6 months. The Engineer has recommended the Board consider keeping both filter units in use until the new Treatment Systems are on-line, through till the Oct 31, 2010 DEC deadline. If the two units are leased for a one year period the total rental payments would equal $ 36,000. After much discussion, this was tabled until the October 13^th meeting so the Supervisor can contact Fred Nagel and inform the homeowners of this proposal.

Mr. Evangelista explained there was another surface discharge on September 17^th in the South field. The Department of Health is suggesting the above remedy. M&O pumped on that date which was the first pumping since August 7^th. We already have a temporary filter in the north field and it is improving the situation there. This proposal is for another unit in the south field. Ellen is concerned about the residents not knowing of this proposal.

Ron reported the September 30^th meeting with the DEC representatives, Town Counsel, homeowners and some Town Board members was informative. He explained that the DEC will not consider the wetlands engineering for Vanderburgh Cove and the end date is also not flexible. Scott Volkman asked the residents to report back to the Town Board as to their clarity of the situation by October 13^th. Three residents; Fred Nagel, Alec Livesay and Ellen Baker, were at the meeting. The DEC did most of the talking; there is evidently not enough land for the engineered wetlands concept and it is too near a natural wetlands. Bruce thought it was a productive meeting with all the key players at one table.

At 5:20 the Comprehensive Plan work session with consultants Warren Replansky, Michael Zarin, Graham Trelstad, Ted Fink and Sally Mazzarella began.

Warren said the Board needs to give the consultants some direct guidance as to their thoughts on the alternatives to the PCN . The Town Board also needs to form an Affordable Housing Committee.

Greenplan, Inc. submitted a memo on Oct 1^st to the Town Board which would grant a density bonus for providing a greater number of multi-family dwelling units than from the current minimum of 20%. It would create an incentive bonus is an option. On residential housing developments of 50 or more units, which must comprise of single family, 2 family and multi-family dwellings with none less than 20% of the total units, the following must be achieved: a) minimum of 10% of total units must be affordable, b) additional incentive market rate multi-family housing units are available for residential housing developments that exceed the minimum 20% multi family requirement through a bonus of additional market rate multi family units. As an incentive, a density bonus of 10% applied to the multi-family requirements is available when an applicant provides more than 20% residential area with multi family units - e.g. if building 50 units, a minimum of 10 units must be multi family. If between 11-19 of the total 50 units were proposed as multi family, then 1 additional multi family unit would be allowed as a bonus unit for a development of 51 units. If between 20-29 of 50, then 2 additional units for a total of 52 would be allowed. If 30 of total 50 were multi family then 3 market rate multi family units would be allowed for a total of 53. The remaining units must comprise a mix of single family (at least 20%) and 2 family (at least 20%) but the bonus available would be 1-3 additional multi family units.

Dod hates to see this extra scrutiny for 3 units. Dan is comfortable with the PCN; it is consistent with the Comp Plan and there is ample opportunity for development. Tom is in favor of eliminating the PCN; it has stirred up the community too much and there are other areas that can be developed. Dod is also in favor of eliminating. Bruce feels the Board has looked at all options and the PCN is not going to work. Ellen agreed it is wise to eliminate the PCN. Ted will work up new language and email the Board by Wednesday so they can make a formal decision.

Michael Zarin suggested the consultants compose a new red lined version of the Comp Plan, Zoning Law and Findings so the Board can better understand the new revisions and compare them to the original ideas.

Rod and Gun Clubs - Mr. Zarin explained the new wording for Gun Club could read: "within 60 days following enactment of this Zoning Law. Rod and gun clubs in existence as of the enactment of this Zoning Law must conduct sound level measurements at their property boundaries measured by a sound level meter having an A-weighted filter and constructed in accordance with the specifications of the American National Standards Institute (ANSI") and submit the results of the sound level measurements to the Town Zoning Enforcement Officers. Within 1 year of enactment of this new Zoning Law, existing rod and gun clubs must take all appropriate measures to mitigate the sound levels measured at the property boundaries to the greatest extent practicable using best management practice. Upon implementation of the mitigation measures, the existing rod and gun clubs shall conduct sound levels measured at the property boundaries and submit the results of those measurements to the ZEO. The existing rod and gun clubs shall not exceed these sound levels taken subsequent to implementation of mitigation measures. The Town Zoning Officer shall be notified 2 business days in advance of any sound level measurements to be taken by the existing rod and gun clubs and given the opportunity to be present. If the existing rod and gun clubs fail to implement these required measures within 1 year following enactment of this Zoning Law, or fail to comply with this paragraph or exceed the post-mitigation sound levels, then the existing gun clubs must comply with the Noise Control Regulations found in Article V, Section X of this Zoning Law, as enforced by the Town ZEO." Michael feels the existing clubs, which have a non conforming status, must mitigate to best management practices. Graham Trelstad contacted Benjamin Sachwald, technical director of acoustics department, and he wrote "to eliminate noise complaints, installing a noise barrier or an earth berm is often considered." Mr. Zarin said there are many factors that need to be considered. Topography is an important element of this equation. After much discussion it was suggested that the wording" best management practice be changed to "best available technology." He pointed out the Town is just trying to recognize the existing gun clubs and place some new standards on new clubs. Sally Mazzarella stated the ZEO can enforce with exact perimeters. Warren said that ministerial direction by the ZEO is all that is legally required. The determination should be made by the Zoning Board or the Planning Board. Dod feels the ZBA is a better choice. At this point Michael suggested the ZEO has the right to retain an acoustical consultant, paid for by the applicant. Sally feels it is better to be determined by the ZBA since they are a quasi legislative body. Dod is still uncomfortable with changing the noise standards at this point. He suggested extending the period of resolution to 3-5 years with quarterly evaluation and bring it down to a certain decibel. Michael suggested giving the ZBA the authority to determine the length of time. We shouldn't get too specific. Give the ZBA the power to extend the management practices. Dod is in favor of up to 6 years, with semi annual evaluations and bringing the noise level down to 75 decibels. Tom Traudt would rather see a 1 year period with a possible 1 year extension if requested by the existing gun clubs. Dan and Bruce agreed with Tom and Ellen and Dod want a longer timeframe. Language will be adjusted accordingly.

Non-conforming buildings, structures and uses - Warren discussed his memo; 1. non conforming uses shall not be enlarged, expanded, extended, altered, reconstructed or restored, except as provided in this Article, or placed on a different portion of the parcel of land occupied by such use on the effective date of this Zoning Law. 2. Shall not be moved to another location where such use would be non conforming, except as provided in this Article. 3. Shall not be changed to another non-conforming use without prior approval by the ZBA and then only to a use that is the same or more restricted. If ZBA approves such changes, they shall conform, to the extent practicable to current design standards and are also subject to Site Plan approval. 4. Shall not be re-established if such use has been discontinued for any reason, whether through vacancy or cessation of use, for a period of 1 calendar year, or has been changed to, or replaced, by a conforming use for any period of time, with the intent to resume a non-conforming use not conferring the right to do so. 5. Further, any noncomplying building or structure declared unsafe by the ZEO or other property authority may be restored to a property condition within the time period provided by such authority.

Repair or Alteration of Non-Conforming Buildings or Structures

Warren's memo states"nothing contained in this article shall be deemed to prevent or require ZBA or Planning Board approval for normal repair or maintenance, or structural alteration of a non-conforming building or structure, provided such action does not increase the degree of, or create any new, nonconformity with regard to setbacks, height, lot coverage, or other regulations set forth within the Zoning Law pertaining to buildings or structures. Any enlargement, expansion or extension of a non-conforming building or structure shall require the approval of the Planning Board as provided below and for those uses, buildings or structures governed by Article IX, Section H. "

Special Use Permit or Site Plan Review

Warren also wrote; any use, structure or building lawfully established prior to the enactment of the Zoning Law or its predecessor, which is not prohibited by the provisions of this Zoning Law, but which requires the issuance of a Special Use Permit or Site Approvals, shall be deemed to be a lawful Non-Conforming Use pursuant to this Chapter. In the event any such non-conforming use, building or structure is proposed to be enlarged or expanded, or any site improvements are added to the site on which the non-conforming use, building or structure is operated or maintained, Special Use Permit approval in accordance with the Special Permit requirements of that use and/or Site Plan Approval shall be required only for such expansions, enlargement and/or addition. During the course of such Special Permit and/or Site Plan approval process, the Planning Board shall have the power to require such changes, modifications and/or alterations in the Non-Conforming use, building, and/or structure which it determines are necessary to mitigate environmental impacts of the use, building and/or structure identified during the SEQRA Review of the application or to mitigate any adverse impacts upon neighboring properties and the community.

Michael Zarin feels the last sentence gives the Planning Board the ability to go back to the original building; it can be interpreted to mitigate unnecessary elements. It is too broad a scope. Limit to major health and significant environmental impacts, etc and to what is practicable and reasonable. After much discussion Warren said he will re-draft. Warren pointed out that this is what the Planning Board recommended and he toned down their statement.

Freshwater Wetlands Law

Michael Zarin proposed some additions under unregulated activities: 1. "any activity subject to jurisdiction of DEC pursuant to Article 24 of the NYS Environmental Conservation Law for which a freshwater wetlands permit or other approval has been granted by DEC and which is in compliance therewith."

2. "Construction in the buffer area, accessory to an existing single family residence an at-grade or above-grade structure or structures, totaling in the aggregate no more than 400 square feet."

3. "The establishment of an individual recreational mooring."

4. "Paving or repaving an existing driveway."

Add - "An applicant for a freshwater wetlands permit from the DEC shall submit a complete copy of the permit application to the Planning Board. The Planning Board shall submit its recommendation on the freshwater wetland permit to the DEC within 60 days. "

Michael said the Planning Board evaluates wetlands issues and impacts and factor those concerns into their determination. Sally feels this would take the DEC permitted wetlands out of the Towns jurisdiction. Mr. Zarin said it does not take them out of the equation- it is more of an advisory faction. Ellen Silverstein pointed out that Michael Trimble, Planning Board Chairman, is concerned about the Kinlan mining on White Schoolhouse Road. They could be mining wetlands since their site will increase from 31 acres to 125 acres. Sally would prefer to prohibit mining in wetlands. A compromise could be to prohibit commercial soil mining in the overlay district. Warren stated the ZEO needs authority to retain wetlands specialist, paid for by the applicant. A time limit is also needed on these permits.

Small equipment rental or Sales Use

Ted explained the proposed Zoning Law may affect pending Site Plan applications in several ways since the current HBP is proposed to be replaced by the Community Business-South. Henry Hocherman, attorney for Stop & Shop, has expressed concern about the ability of Stop & Shop to lease the former Grand Union building to Tractor Supply Store, which is currently before the Planning Board for Site Plan approval. Mr. Hocherman has expressed particular concern over a specific use that may render the Tractor Supply application as unapprovable under the proposed zoning. Small and large equipment rental or sales are not allowed in the CB-S zone. If equipment rental is only allowed in ORP then Route 9 would not be eligible. Mr. Hocherman is also concerned about the absence of educational institutions as allowable on the subject property.

Ted suggested some modifications. 1. Amend District Schedule of Use Regulations to allow "Small Equipment Rental or Sales" in the CB-S District as a Special Use requiring Site Plan approval. 2. Amend the Special Use Permit conditions in Article VI to included a new requirement for "Small Equipment Rental or Sales" that: "There shall be no outdoor display of goods or outdoor storage of equipment or materials." 3. Amend the Special Use Permit conditions in Article VI to require appropriate setbacks for light manufacturing, large equipment and similar uses regardless of the District where they are permitted. 4. Amend the definitions section of the proposed Zoning Law (Article XIII) to include definitions for "Large Equipment Rental or Sales" and "Small Equipment Rental or Sales" as follows: Large equipment rental or sales: A retail establishment offering the sale, rental or repair of large equipment and machinery, such as bulldozes, excavators, and similar heavy equipment used predominantly for earthwork, road construction, and other large-scale excavation activities. Small Equipment Rental or Sales: A retail establishment offering the sale, repair or rental of small equipment and machinery, such as tractors, riding mowers, walk behind mowers, power tillers and cultivators, snowblowers, generators and similar small scale equipment used predominantly for farm and home activities. Sally Mazzarella stated the Compreshensive Plan Committee recommended a 200 foot setback for displays. Ted was authorized to make some of the suggestions that Kathy Kinsella had recommended.

Country Inn

Sally said the new definition should read "a building or group of buildings which will provide commercial activity." Ted will add that language. Warren reported the Mensch's want clarification on open space; they suggested "substantially dedicated to Country Inn". Warren feels the Planning Board could decide and suggested keeping the wording as is. He also pointed out that the Planning Board does not have the authority to mandate public hiking trails on private land. He suggested using the word "encourage". He is concerned about the conservation easements - the IRS will only give $1 if you are self imposed and not mandated by the Town. Michael Zarin stated you cannot diminish the value of property. Sally said if there full build out you can't get a tax benefit anyway.

LEED certified status Zarin presented 3 alternative proposals for a permit fee rather than a tax. 1. fee is reimbursed if the developer achieves LEED certification and is intended to reimburse the developer for the cost of securing LEED certification: 2. fee is meant to reimburse the Town of the extra cost in reviewing such applications and a percentage is returned for achieving LEEDS certification as an incentive: 3. actually create a green building fund to be used to offset the increased cost of non-green buildings.

Green Building Fund

The purpose is to preserve natural resources of the community by monitoring new development, encourage energy conservation and green building. After much discussion it was decided to take out the penalty provision. Mr. Zarin will submit new language.

ADJOURNMENT

At 8:30 on motion from Bruce and second from Dod this session was unanimously adjourned.

Respectfully submitted,

Barbara Cunningham

Town Clerk