The Town Board held a continued public hearing on September 6, 2018 at 7:00pm regarding proposed Local Law # 5-2018: amending Chapter 132, Vehicle and Traffic, of the Code of the Town of Rochester.
PRESENT:
Councilman Drabkin Councilwoman Fornino Councilwoman Haugen-Depuy Councilman Hewitt Supervisor Baden Town Clerk Gundberg
ABSENT:
Attorney Christiana
Supervisor Baden opened the meeting and read aloud changes made to the proposed law based on comments heard the previous month’s public hearing.
Section 1.
132-2(B) of the code of the Town of Rochester shall be deleted in its entirety and replaced to read as follows:
B. Except when necessary to avoid conflicts with other traffic or in compliance with direction of a police officer, Town of Rochester Constable. Or traffic control device, if any, there shall be no parking in the following locations within the Town of Rochester, and such locations as may be determined by resolution of the Town Board of the Town of Rochester, at any time unless specifically noted
Name of Street Side of Road Location
Cherrytown Rd Both Boundary of 338 Cherrytown Road
Project 32 Rd Both County Route 27 to terminus of Project 32 Road
Towpath Rd North ( opposite side of Peterskill Creek) From 301 Towpath to 448 Towpath Road
Towpath Road South ( Accord Fire District access)
Section 3. Severability
If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgement shall be confined in application to the part or provision directly on which judgement shall have been rendered and shall not affect or impair the validity of the remainder of this law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this law even without such part or provision or application.
APPROVAL OF AMENDMENT:
Resolution # 280 -2018:
A Motion was made by Supervisor Baden to approve the amendments made to proposed local law # 5-2018.
Second: Councilman Drabkin
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
PUBLIC COMMENT:
Elaine LaFlamme thanked the Board for the amendment to Towpath Road. This allows for swimming to continue and hopes for fixing the concern of parking. A report prepared by the Deep Hole working group was submitted to the Town Board for the record.
One resident asked if the Town incurs liability of parking on the side of the Town Road by the deep hole? Ideas of making the road safer by creating turnarounds and clear signage was offered.
Laurie Giardino a resident on Towpath stated improvements have been made and parking on one side may work as long as it is monitored.
One speaker asked if the Town had reached out to the homeowner.
Supervisor Baden stated the Town Board has no authority over the swimming hole, the issue was parking on the road making it difficult for a vehicle to pass through and impossible for an emergency vehicle. The Town Board will direct constables to go at peak times of the day.
Brit Baker thanked the Deep Hole working group for their efforts.
CLOSE THE PUBLIC HEARING:
Resolution # 281-2018:
A Motion was made by Councilman Drabkin to close the public hearing at 7:21pm.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
Supervisor Baden stated that the Town Board can vote on proposed Local Law # 5-2018 at the next meeting.
PART 2 & 3 SEQRA REVIEW:
Resolution # 282-2018:
A Motion was made by Councilman Drabkin that part 2 of SEQRA has no environmental impact in each category and Part 3 review states the project will result in no significant adverse impacts on the environment, and therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued.
Second: Councilwoman Haugen-Depuy
ROLL CALL VOTE:
Councilman Drabkin aye
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried
Public Hearing adjourned at 7:22pm