Town Board Audit Meeting Minutes October 2014

The Audit/Workshop Meeting was held on October 30, 2014 at 5:30 pm at the Town Hall.

PRESENT:

Supervisor Chipman Councilwoman Chachkin Councilman Drabkin

Councilwoman Fornino Town Clerk Gundberg Attorney Christiana

ABSENT:

Councilman Spano

PLEDGE:

Supervisor Chipman opened the meeting and Charlie Fischer led in the Pledge of Allegiance to the Flag.

APPOINTMENTS TO THE PLANNING BOARD:

Resolution # 103-2014:

A Motion was made by Councilwoman Chachkin to appoint Maren Lindstrom to the Planning Board with a term to expire 12/31/2019.

Seconded by: Councilman Drabkin 4-0aye, motion carried

Spano absent

Resolution # 104-2014:

A Motion was made by Councilman Drabkin to appoint Patrick Williams to the Alternate position on the Planning Board with a term to expire 12/31/2014.

Seconded by: Councilwoman Chachkin 4-0aye, motion carried Spano absent

APPOINTMENT TO THE ZONING BOARD OF APPEALS:

Resolution # 105-2014:

A Motion was made by Supervisor Chipman to appoint John Dawson to the Alternate position on the Zoning Board of Appeals with a term to expire 12/31/2014.

Seconded by: Councilman Drabkin 4-0aye, motion carried

Spano absent

ZONING AND SUBDIVISION CHANGES:

Changes to Zoning and subdivision codes responding to individual public comment, County Planning Board

Insert proposed definition for “Adaptive Re-use” — Adapting an existing building or structure for a new purpose or use.

Change definition for “Agricultural Building” to: As defined by the New York State Uniform Fire Prevention and Building Code currently and as may be amended.

Insert definition of “Animal Husbandry” — The keeping, grazing, feeding, and care of animals, excepting household pets, animals kept in conjunction with a farm operation, as defined herein, or animals kept in conjunction with a kennel or veterinary office.

In definition for “Bed and Breakfast,” change reference to “New York State Building Code” to “New York State Uniform Fire Prevention and Building Code.”

Delete definition for “Nonconforming Use, Building or Structure” and replace with two definitions:

Nonconforming Building or Structure – A building that ws constructed prior to the adoption of the zoning law or zoning amendment that is not in accordance with the dimensional provisions, such as building height or setback requirements, of that law or amendment.

Nonconforming Use – A use that was legal at the time it was created but which has since become impermissible because of a subsequent modification or adoption oa a zoning ordinance. This is sometimes referred to as a “grandfathered” use, meaning that it was a use which was allowed before the law was changed to prohibit it.

Delete definition for “State Building Code.”

140-8 Schedule of District Regulations:

Intro Paragraph – Replace capital letter “S” in word “some” with lower case “s.”

Intro Paragraph: Delete sentence: “Any use proposed by the Town of Rochester for its own use on public land shall be considered a Principal Permitted Use in all districts.”

140-10 (A)(1) , change reference to “State Building Code” to “New York State Uniform Fire Prevention and Building Code.”

140-10(A)(3) Insert proposed provision:

Adaptive Re-use. Any applicant who proposes a project which involves the adaptive re-use of an existing building or structure shall be permitted to request a waiver from the Planning Board from any yard (setback) area, lot width, lot depth, height, or lot coverage area development standards of a particular

zoning district provided all of the following requirements are met. In such case an area variance shall

not be required.

(a) The use proposed is for one which is an allowed use in that zoning district.

(b) Any new construction will not further violate any area development standard requirements.

140-10(D)(3) Delete the words “application review” from the paragraph title.

Insert as last sentence: “Private road standards in this Chapter shall be the same as those set forth in town of Rochester Code § 125-28(S).”

Insert 140-10(D)(4) : Where any portion of access and/or infrastructure for a parcel to be developed is to be located in an adjoining municipality, final approval shall not be granted until such access and/or infrastructure is complete and approved by the adjoining municipality.

140-10(E)(4) In last sentence, change Town Attorney to Town Board.

140-12(A) In second sentence, change “pavement” to “roadway.”

140-13(F)(3) Change height of wind turbines from 100 to 155 feet.

140-14(D)(2) Change “Special Use” to “Site Plan.”

Insert 140-17(K) : “Residential access. At the discretion of the town Highway Superintendent, any residential use parcel which has frontage on two or more Town roads may be required to access the public road via the lesser-traveled roadway; similarly, any residential use parcel which has frontage on a private road and a Town road may be required to access the private road.”

Change 140-23(B) (11-25) to (9-23).

140-42

Intro paragraph: Amend language to read “Excepting for activities provided for above, single and two-family residential uses and accessory uses. . . . “

(C): Add to end of sentence – “ however a nonconforming single or two-family residential use shall be granted an exception from this requirement upon receipt of an area variance from the Zoning Board of Appeals.”

140-62(C) Delete last sentence “The Town Board shall be responsible for directing further enforcement.” And replace with: “The Building Inspector may bring action in Town Court against violators for fines specified in § 140-62(D) The Town Board may authorize further action as deemed necessary.”

Chapter 125, definition of Road Maintenance Agreement: Change to “approved by Town board with advice of attorney for the Town, . . . “

Insert at beginning of 125-22(F) “No dead-end roads without proper turnarounds shall be permitted. Cul-de-sac streets shall not exceed 2,000 feet in length or six times the minimum lot width of the lots along said road, whichever is greater, measured from the center line of the continuous road providing the only access to the cul-de-sac or turnaround.”

Insert new subsection 125-22(J): . At the discretion of the town Highway Superintendent, any residential use parcel which has frontage on two or more Town roads may be required to access the public road via the lesser-traveled roadway; similarly, any residential use parcel which has frontage on a private road and a Town road may be required to access the private road.”

NB: also make other “technical corrections” to both Codes as listed in SC/BD memo dated Sept. 16, 2014

Response to County Planning Board Required Modifications

Chapter 140

Language that provides the PB discretion to consider solar access, energy efficiency, etc. as a part of the site plan and special permitting processes.

Override: Town has already provided for this in: (1) 140-47(E) Waivers; (2) 140-13(G) Solar energy; and (3) definition for “Energy Efficient Building”

Language that prohibits HOA’s from banning solar energy systems.

Overrride: This language is already in 140-13(G)

Add a reference to Ulster County Charter Section C-51 to 140-50 regarding referrals to the County Planning Board for review.

Override as unnecessary

Chapter 125

Add a definition for “Resubdivison to Chapter 125: “Changes to an established subdivision that modify street layout, lands reserved for public use or reduces lot size to create a new lot.”

And add a new provision for resubdivison which states: “For a resubdivision, the same procedure, rules, and regulations shall apply as for a subdivision,”

Override. This language is contained in the definition for “Subdivision, re-subdivision of land” and resubidvision is also mentioned in the definition of “Plan.”

Add references to Ulster county charter section C-51 in referral provisions for minor (125-12(L) and for major (125-13(O) subdivisions.

Override. See 140-50 above.

Language that provides the PB discretion to consider solar access, energy efficiency, etc. as a part of the approval processes for major and minor subdivisons.

Override. See 125-21(I)

Language that prohibits HOA’s from banning solar energy systems.

Overrride: This language is already in 125-21(I)

Language regarding standards for sidewalks, bicycle and pedestrian facilities.

Override. Town already has provisions appropriate and sufficient for character of the Town. See 125-22(!A)(10) and (C); 125-29(I); and 125-23(G)

In 125-29(A)(3), remove exception for cul-de-sacs .

Override. Not appropriate for character of the town. And see 125-22(F)

Amend 125-23, Conservation Subdivision, to strengthen the Planning board’s ability to require conservation subdivisions and to weaken minimum lot requirements to “guidelines.”

Override. Not necessary. Town has a large amount of land. Only one conservation subdivision has been proposed since the 2009 law adopted, and it has so far not gone anywhere.

TECHNICAL CORRECTIONS

Chapter 140

140-4 Definitions:

ABC order error: Move “distribution facility” to after “dismantling operation”

“Street, collector” Insert “to” between “it” and “major” Word omission error appears in current code; is not part of proposed revision

Street, major” Insert “as” between “such” and “Route” ” Word omissions error appears in current code; is not part of proposed revision

140-12 Yard (Setback) Regulations Change “pavement” to “roadway.” Task Force (TF) made this change from original proposal; BDSC did not change the TF’s recommendation.

Note that Task Force made the same change from “pavement” to “roadway” in 140-4 definition for Road Right of Way Line and this does appear in the draft law. …

140-18 Aquifer Protection Overlay District. Delete unlabelled paragraph after (A)(3)(a)-(e) which begins “Hazardous waste treatment . . . “ This was replaced by (A)(2)(a)-(d).

140-28(C) Delete green strike-out “and” between “requirements” and “shall” Task force approved the strike-out and BD/SC did not change the TF’s recommendation.
Insert line space between end of 140-54 and 140—55 Title (Special Use Review Criteria) …

Section 2(7) Delete this incomplete subsection which appears to be completed as (3) which substitutes the word “fines” for “penalties.”

Section 2(3) Delete “the” before “Section 140-29” as an unnecessary word.

Chapter 125

125-11 glossary Insert line space between “Berme” and “Block” and between “Existing water” and “Floodway”

125-11 Glossary ABC Order: Move “Frontage” definition from before “Final Plat Approval” to after “Floodplain”

125-12(B) Application. Delete “of” after “Below” and insert “shall” in second sentence after “application” — “of” is the last word in a three-word proposed deletion (“five copies of”) which the Task Force approved and BD/SC did not change the TF’s recommendation.

“shall” was not proposed for deletion in original. It appears between two phrases whose proposed deletion the TF approved. BD/SC did not change the TF’s recommendation.

125-12((F)(3) Delete “as it deems appropriate” at end of next-to-last sentence. This was deleted in the original proposal and while the entire subsection was in the “15%,” Task Force indicated in its June 2013 report that its only problem was the 500 feet notice issue. BD/SC recommended inclusion of the subsection as originally proposed.
125-23(C) Insert “or any major subdivision” after “any subdivision of 10 lots or more.” Task Force approved the proposed addition. SCDB did not change the TF’s recommendation.

125-23 (H) Delete extra (green) “be.” TF approved the deletion, BDSC did not change the TF’s recommendation. . . .

125-29(A(9) Insert (S) after 125-29. Task force approved proposed change from “R” to “S”. BD/SC did not change the TF’s recommendation.

ADVERTISMENT AND DATE CHANGE OF NOVEMBER AUDIT:

Resolution # 106-2014:

A Motion was made by Councilman Drabkin to Change the November Audit workshop meeting to 11/25/2014 at 5:30pm and furthermore direct the Town Clerk to advertise the same.

Seconded by: Councilwoman Chachkin 4-0aye, motion carried

Spano absent

ADVERTISMENT AND DATE CHANGE FOR DECEMBER AUDIT MEETING:

Resolution # 107-2014:

A Motion was made by Councilman Drabkin to change the December Audit workshop meeting to 12/30/2014 at 5:30pm and furthermore direct the Town Clerk to advertise the same.

Seconded by: Councilwoman Chachkin 4-0aye, motion carried

Spano, absent

SCHEDULE & ADVERTISMENT OF PUBLIC HEARING FOR 2015 PROPOSED BUDGET:

Resolution # 108-2014:

A Motion was made by Supervisor Chipman to schedule the Public Hearing for the 2015 Proposed Budget 11/06/2014 immediately following the scheduled public hearings at 7pm and furthermore direct the Town Clerk to advertise the same.

Seconded by: Councilwoman Fornino 4-0aye, motion carried

Spano, absent

APPROVAL OF BILLS:

A Motion was made by Councilman Drabkin to approve the following bills as audited this date

General Fund Abstract 10 of 2014 $ 40,948.72

Highway Fund Abstract 10 of 2014 $ 135,442.33

Street Lighting $ 856.67

______________

$ 177, 247.72

Seconded by: Councilwoman Chachkin motion carried

EXECUTIVE SESSION:

A Motion was made by Councilman Drabkin to enter into executive session at 6:00 pm in regards to a tax litigation with strategic six and to discuss a discrimination complaint filed by Manuela Michailescu with NYS Human Rights Commission.

Seconded by: Councilwoman Fornino 4-0aye, motion carried

Spano- absent

A Motion was made by Councilman Drabkin to reconvene the meeting with no action taken nor money spent at 6:35pm.

Seconded by: Councilwoman Chachkin 4-0aye, motion carried

Spano- absent

Supervisor Chipman stated the Town Board has decided to respond to the complaint filed with NYS Human Rights Commission and the response will be available for public viewing.

ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 6:40pm.

Seconded by: Councilwoman Fornino 4-0aye, motion carried Spano-absent

Respectfully submitted

Kathleen A. Gundberg

Town Clerk