The June Regular Town Board Meeting was held on June 1, 2017 at 7:00pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilwoman Haugen-Depuy Deputy Town Clerk Ferrara
Town Clerk Gundberg Attorney Christiana

PLEDGE:
Supervisor Chipman opened the meeting and Legislator Lapp led in the Pledge of Allegiance to the Flag.

PUBLIC COMMENT PERIOD:

Mike Baden apologized for speaking out at the last meeting. He stated, “If the board wants he will put in writing how the committee came up with the conclusions they did because these weren’t off the top recommendations, there was a lot of thought and research put forward by a well-educated committee. My frustration is watching changes being made arbitrary without a lot of discussion or reasoning behind them.”
Supervisor Chipman thanked Mike Baden for all his work efforts.

Charlie Fischer requested that maintenance set up seating prior to board meetings. He also requests that the Accord Bridge be named in memory of David O’Halloran.

Rachel Countryman expressed her concerns about a bed and breakfast located on a private road near her home.
She contacted the CEO receiving no response regarding a code violation of a commercial business being conducted in a residence.
Supervisor Chipman stated a covenant is not something the Town can address, it’s a private issue. But will follow up with the CEO regarding this issue.

APPROVAL OF MINUTES:

A Motion was made by Councilwoman Chachkin to approve the minutes of the 5/4/2017 Regular Town Board Meeting, 5/23/2017 Workshop meeting re: ZRC & the 5/25/2017 Audit workshop meeting.

Seconded by: Councilwoman Fornino 5-0 aye, motion carried

SUPERVISORS REPORT: Filed with the Town Clerk

LEGAL UPDATES:

Attorney Christiana will schedule a meeting with Highway Superintendent Spano to discuss the Project 32 Rd issue.

LIAISON / COMMITTEE REPORTS:
Councilwoman Chachkin: Planning Board: 05/08/2017 meeting approved one lot line adjustment, a two lot subdivision 1 being a natural subdivision. A public hearing is scheduled for 06/12/2017 for a multi-use application regarding a non-profit cat shelter.
Councilwoman Fornino: Thanked those who attended the 05/29/2017 Memorial Day Ceremony at both the Town Hall and the firehouse. Youth Commission: End of school year party is scheduled for 6/09/17 from 2:30-5:30. Indoor yard sale is taking place from 06/5-06/09/17. A Driver safety course is being held on 6/12/17 through AARP. A youth outdoor expo will be held on 6/10/17 from 9-3p.m. at Lippmann Park.
Councilwoman Haugen-Depuy: CEO: Month of May $11,918.57, C/O $1,750.00 Y-T-D $35,483.02
Councilman Drabkin: Nothing to report
Supervisor Chipman: Assessors Office: Data verification project 3200 parcels still need to be collected a total of 1900 have been inspected. Grievance Day: 1 appointment scheduled, 16 stipulations, and 8 applications dropped off for a total of 25.

NEW/OLD BUSINESS:

ENVIRONMENTAL CONSERVATION COMMISSION:

The Board held an interview with Sarah Archbald for an open vacancy on the ECC.

Resolution # 71-2017:
A Motion was made by Councilwoman Chachkin to appoint Sarah Archbald to the ECC with a term to expire 12/31/2019.

Seconded by Councilwoman Haugen-Depuy 5-0aye, motion carried

BORREGO SOLAR LEASE:

Attorney Christiana stated a draft lease should be available by early next week. Currently still in negotiation with Borrego’s Attorneys. Attorney Christiana also stated this is a type 1 action “SEQRA”.

Resolution # 72-2017:

A Motion was made by Councilman Drabkin that;
WHEREAS, the Town Board is considering various approvals to allow the Borrego Solar Energy Project proposed for 6140 Route 209 in the Town of Rochester; and
WHEREAS, the Town Board has determined that the proposed action is subject to the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations (6 NYCRR Part 617) (collectively, “SEQRA”); and
WHEREAS, the Town Board determines that the proposed action is a Type I Action under SEQRA; and
WHEREAS, pursuant to SEQRA, the Town Board desires to act as the Lead Agency for the proposed action and to conduct a coordinated review of the action with all Involved and Interested Agencies; and
WHEREAS, SEQRA requires the Town Board to distribute Part 1 of the EAF related to the proposed action to all Involved and Interested Agencies and notify them of the Town board’s intent to act as lead agency.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The Town Board declares its intent to be Lead Agency for the SEQRA review for this Type I action.
2. The applicant shall coordinate the issuing of the Notice of Intent to all Involved and Interested Agencies, accompanied by the EAF Part, requesting that all involved and interested agencies agree to the Town Board serving as Lead Agency.
3. This resolution is to take effect immediately.
Seconded by: Councilwoman Haugen-Depuy 5-0aye, motion carried
ROLL CALL VOTE:

Councilwoman Chachkin aye
Councilwoman Fornino aye
Councilman Drabkin aye
Councilwoman Haugen-Depuy aye
Supervisor Chipman aye 5-0aye, motion carried

FULL-TIME COURT CLERK:
Resolution # 73-2017:

A Motion was made by Councilwoman Chachkin to hire a full-time court clerk.

Seconded by Councilman Drabkin

DISCUSSION:
Supervisor Chipman presented to the Board a court expense and revenue report of the Courthouse for 2016-2017. Supervisor Chipman strongly opposes hiring another full-time clerk. He stated in 2015 there was a net operating loss of $-145,000. In 2016 was a net operating loss of $-74,013 (2016 showed an increase in revenue because of aged accounts). 2017 operating costs are at $-45,814 if the town was to approve another clerk it would cost an additional $25,000 of unbudgeted money to the Justice line. Bringing the Court budget close to a $-125,000 deficit by year end. Supervisor Chipman asked “Where this money would come from? And putting good money after bad is not in the best interest of this Town”.
The Board agreed to continue the discussion next month when more information can be provided including the Court’s volume of cases and work load.

Resolution # 74-2017

A Motion was made by Councilwoman Chachkin to table previous Motion until more information can be gathered

Seconded by: Councilman Drabkin 5-0aye, motion carried

AMENDED: SECTION 284 OF THE HIGHWAY LAW AGREEMENT:

Councilwoman Haugen-Depuy asked questions regarding double chip and seal and how it would hold on dirt roads.
Highway Superintendent Spano explained the procedure of the double chip and seal process.

Resolution # 75 -2017:

A Motion was made by Councilwoman Chachkin to approve the following amended agreement for the expenditure of highway monies in accordance to section 284 of the highway law. The sum of $ 379,152.36 to be set aside to be expended for primary work and general repairs upon 111 miles of Town highways, including oil & chip, culverts and bridges.

2017 WORK SCHEDULE:

Pugmill and Pave 2” inches not to exceed $ 30, 063.86
Sahler Road
DeJager Lane
Canyon Lake Rd

Single Chip Seal not to exceed $ 12, 417.72
Sahler Road
De Jager Lane
Canyon Lake Rd

Double Chip Seal not to exceed $ 166,670.78
Schroon Hill Rd
Dewitt Rd
Beehive Rd
Dug Rd
Mount Laurel Rd
Wood Rd
Lang Rd
Franklin Lane
Old Mettacahonts Rd

Guard Rails: not to exceed $ 10, 000.00
Dewitt Rd
Cedar Dr
Queens Hwy

Culverts not to exceed $ 20, 000.00
Equipment Rentals not to exceed $ 65,000.00
Stone not to exceed $ 75,000.00

For a total not to exceed $ 379,152.36

Seconded by: Councilwoman Fornino 5-0aye, motion carried

AMENDED REQUEST FOR ROAD IMPORVEMENT EXPENDITURE:
Resolution #76 -2017:

A Motion was made by Councilwoman Chachkin to approve the expenditure of $ 240,576.36
out of Highway Fund Appropriations- General Repairs line DA-6-5110.400, and to authorize the Superintendent of Highways to execute a contract with Peckham Materials located at 2 Union Street Extension, Athens, NY 12015 for pugmill pave, single and double chip seal to improve the following roadways:
a. Schroon Hill Road – 10560 ft.
b. Dewitt Road- 6442 ft.
c. Sahler Mill Road- 5996 ft.
d. Beehive Road- 1901 ft.
e. Dug Road- 2693 ft.
f. DeJager Lane- 637 ft.
g. Canyon lake Rd. 1109 ft.
h. Mount Laurel Rd. 4541 ft.
i. Wood Rd. 3332 ft.
j. Lang Rd. 2218 ft.
k. Franklin Rd. 1003 ft.
l. Old Mettacahonts Rd. 6019 ft.

A total of approximately 8.79 miles of roadway.

Seconded by: Councilwoman Fornino 5-0aye, motion carried

ZRC RECOMMENDATIONS:
Resolution # 77-2017:

A Motion was made by Councilwoman Chachkin to have Steve Fornal join the Board as a resource for discussion of the ZRC recommendations.

Seconded by: Supervisor Chipman 4-1 motion carried
Drabkin, nay

§ 140-39A Definitions. As specifically apply to this subsection
Alteration – Changes made such as adding or removing windows or doors, interior renovations that do not structurally alter buildings, add living areas or result in extended or increased non-conforming use of a building, lot or structure.
Existing Building or Structure – See §140-4 Specific Definitions.
Existing Use – See §140-4 Specific Definitions.

Expansion – An extension of a pre-existing nonconforming use or structure in conformance with current applicable codes. or a pre-existing non-conforming building/structure increasing beyond its original footprint not to exceed twenty-five percent (25%).
The Town Board agreed to eliminate percentage and remove the highlighted sentence defined in Expansion.
Nonconforming Building or Structure – See §140-4 Specific Definitions.
Nonconforming Use – See §140-4 Specific Definitions.
Reconstruction – Removal of pre-existing non-conforming building or structure followed by a complete rebuilding of building/structure outside its original footprint but within current zoning district setbacks. This expansion shall not exceed twenty-five percent (25%) of ground-based footprint except that vertical expansion shall be limited by height restriction for underlying zoning district.
Town Board eliminated percentage in Reconstruction definition
Re-establishment – The continuation of abandoned use, building, structure or lot within required time frame as per §140-43 (B).
Replacement – The removal of pre-existing non-conforming building/structure followed by new building/structure constructed upon same or smaller footprint.
Restoration – Bringing a damaged pre-existing nonconforming building/structure up to original, pre-damage conditions.

§ 140-40 Normal Maintenance and Repairs.

A. Normal maintenance and repair activities, such as painting, replacing a roof or fixing gutters, adding or removing windows or doors shall be permitted by right. Also permitted are alterations, such as Alterations such as roof replacement or interior renovations that do not structurally alter buildings, add living areas or result in extended or increased nonconforming use of a building, structure and/or lot shall require a building permit or structure.

The Town Board added “Building”.

B. Increases in outside storage or display of retail or wholesale inventory, which in the ordinary course of business would be sold within one year, shall be permitted, provided they do not eliminate parking spaces, unoccupied open spaces or accesses required by this law. Notwithstanding this provision, however, the Planning Board, in reviewing any Special Use application for expansion or upon determining, with respect to any present use, that a condition exists which requires remedies, may establish limits on such storage or display or require removal of inventory (altogether or to another location on the site) to preserve adequate sight distances and residential buffers or otherwise protect public health, safety and welfare.

§ 140-41 Restoration, Reconstruction or Re-establishment. Replacement

A. If any non-conforming use, building or structure is damaged, it may be restored or reconstructed by building permit issued within five years restoration is permitted by obtaining a building permit within 18 months of the date of the damage.

B. Reconstruction of building or structure other than a one or two family residence shall be permitted by Special Use permit.
The Board added the following language under section B. Reconstruction of building structure “other than a one or two family residence”

C Replacement is permitted by obtaining a building permit.

B. A non-conforming use, building or structure may be re-established within a period of five years after it has been discontinued or vacated.

C. A non-conforming use, building or structure may be considered abandoned under any one of the following circumstances:

(1) The intent of the owner to discontinue the use is made obvious by the posting of signs, boarding up of windows, failure to pay taxes or assessments or other measures that demonstrate the enterprise is going out of business or the use is otherwise ending; or

(2) The building has not been occupied for five years or more and/or the use has not been exercised; or

(3) The non-conforming use has been replaced by a conforming use or changed to another use under permit from the Town; or

The Town Planning Board may, subject to Site Plan Review, permit the re-establishment of an abandoned use where the structure is particularly suited to such use and difficult to adapt to other conforming uses, provided the use has not been abandoned for more than five years. The Town Board may extend this period for good cause but not more than an additional five years by other than a zoning amendment.

D The Building Inspector, on determining these circumstances exist, shall, by certified mail, so notify the property owner of record, informing the owner the use is considered abandoned and may not be reestablished once a period of 12 additional months has expired. If an owner cannot be reached through the mail, the Building Inspector shall publish the notice once in a newspaper of general circulation in the Town and/or post the property and the owner shall be presumed to have been notified.
§ 140-42 Changes, Additions, and Expansions.
Excepting for by-right activities provided for above in §140-40, single and two-family residential uses and accessory uses and alterations, all changes, additions, and expansions to nonconforming uses shall be considered Special Uses. No change, addition, or expansion shall result in a more intensive category of use. A non-conforming retail enterprise could be converted to a barber shop, for example, but not to an industrial use. Permits for changes, additions, or expansions Special Use Permits for expansions, reconstructions, or changes in use shall be granted only after a determination by the Planning Board that the following conditions have been, or will be, satisfied.

A.There shall be no expansion in the amount of land area outside a non-conforming facility (outdoor area) used for storage of materials, supplies and/or products, except as provided herein.

B. Where the non-conforming activity is one which necessarily results in the storage of large quantities of material, supplies or products outside (such as a lumberyard), the Planning Board may require dense evergreen screening sufficient to shield all such materials from the view of adjacent landowners and/or the traveling public.

C. No addition, change or expansion of a nonconforming use shall further violate setback and/or height regulations of the district in which it is located, 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.

D. There shall be no increase in the amount of storm water runoff for the site over what was existing as of the date of the enactment of this law. The U.S.D.A. Soil Conservation Service, a A Professional Engineer or other appropriate professional may be relied upon to recommend appropriate measures to control storm water runoff. Such measures shall be attached as conditions of approval by the Planning Board.

E. In no case will a change, addition or extension of a non-conforming use be allowed that would result in a traffic increase that would decrease the Level of Service for the highway, the diversion of traffic closer to a nearby residence or a reduction of any of the parking and unloading requirements of this law where additional parking or loading would otherwise be required due to the change, addition or expansion. If the total number of parking spaces for the site is to be increased more than 25% over those available as of the date of this law, the Planning Board may require vegetative screening of the parking area from nearby residential areas.

F. The use may only be expanded or extended onto another property of record with written owner’s permission if; that property is immediately adjacent to the lot on which the original structure or use was located as of the effective date of this law or amendments hereto and the use is not one which has been altogether prohibited as a new use under this law.

G. Should the use proposed for expansion or extension be one which is specifically prohibited as a new use in the Town or is determined by the Planning Board to be one similar to such a use or of such a nature as to impose health, safety or welfare concerns which cannot be satisfied by the imposition of the conditions permitted under this law, the requested expansion or extension shall be denied.

§ 140-43 Use of Existing Non-Conforming Lots of Record.
§ 140-43 Abandonment and Re-establishment
A. A non-conforming use, building or structure shall be considered abandoned under any one of the following circumstances:

(1) The intent of the owner to discontinue the use is made obvious by the posting of signs, boarding up of windows, failure to pay taxes or assessments or other measures which demonstrate the enterprise is going out of business or the use is otherwise ending; or

(2) A residential dwelling has not been resided in for 24 months or more and the building shows signs of deterioration as defined in §66-3 Town of Rochester Code; or

(3) A commercial building or structure has not been occupied or use not exercised or the equipment and furnishings used in furtherance of the non-conforming use have been removed from the premises for 24 months or more; or

(4) The non-conforming use has been replaced by a conforming use or changed to another use under permit from the Town.

B. The Building Inspector, upon determining any of the above circumstances exist, shall, by certified mail, so notify the property owner of record, informing the owner the use, building or structure is considered abandoned. If an owner cannot be reached through the mail, the Building Inspector shall publish the notice once in a newspaper of general circulation in the Town and/or post the property and the owner shall be presumed to have been notified.

Councilman Drabkin recommends adding; and post on property for at least one week.
C. An owner may seek to re-establish the use, building, or structure within a period of 6 months after notification of abandonment by sending certified mail to the Building Inspector.

D. The Town Planning Board may, subject to Site Plan Review, permit the re-establishment of an abandoned use where the structure is particularly suited to such use and difficult to adapt to other conforming uses, provided the use has not been abandoned for more than two years.

The Board agreed to require proof steps have been taken to reverse evidence of abandonment.

§ 140-44 [RESERVED]
§ 140-44 Use of Existing Non-Conforming Lots of Record.

A. A principal structure may be erected on any non-conforming lot of record existing at the time this Law is enacted provided no front yard is reduced in size and no side yard is reduced to less than 50% of the requirement for the district in which it is located or 20 feet, whichever is greater, and a sewage disposal system meeting New York State standards, including well and septic isolation distances, can be placed on the lot should public facilities be unavailable.

B Accessory structures placed on non-conforming lots of record after the effective date of this law shall comply with Section 140-13 of this Law, Accessory Structures and Uses.
Schedule of District Regulations

• Add the use Short Term Transient Rentals as an Accessory Use in all zoning districts

• Delete the use Commercial Events Facilities as a Special Use in the R-1 and R-2 zoning districts

• Delete the use Mixed-use activities pursuant to §140-10 as a Special Use in the AB-3,
R-1, H, and B zoning districts

The Board directed Attorney Christiana to codify the zoning recommendations in Local law form for next board meeting.

AUTHORIZATION OF THE PURCHASE OF CRUSHED STONE:
Resolution # 78-2017:

A Motion was made by Councilman Drabkin to approve the expenditure of up to $ 21,375.00 out of the Highway Fund Appropriations- General repairs line DA-6-5110.400, and authorize the Superintendent of Highways to execute a contract with Peckham Materials located at 2 Union Street Extension, Athens, NY 12015 for the purchase of 500 tons of # 1 chip and seal stone, and 500 tons of #1A chip and seal stone. The cost also includes hauling of said stone and will be used to improve the following roadways:

a. Schroon Hill Road – 10560 ft.
b. Dewitt Road- 6442 ft.
c. Sahler Mill Road- 5996 ft.
d. Beehive Road- 1901 ft.
e. Dug Road- 2693 ft.
f. DeJager Lane- 637 ft.
g. Canyon lake Rd. 1109 ft.
h. Mount Laurel Rd. 4541 ft.
i. Wood Rd. 3332 ft.
j. Lang Rd. 2218 ft.
k. Franklin Rd. 1003 ft.
l. Old Mettacahonts Rd. 6019 ft.

A total of approximately 8.79 miles of roadway.

Seconded by: Councilwoman Chachkin 5-0aye, motion carried

Supervisor Chipman held a moment of silence in memory of David O’ Halloran

ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting in memory of David O’Halloran at 9:25pm.

Seconded by: Councilwoman Fornino 5-0aye, motion carried

RESPECTFULLY SUBMITTED,

CHRISTINA FERRARA
Deputy Town Clerk