DRAFT COPY

SPECIAL MEETING OF THE TOWN BOARD

OF THE TOWN OF SARATOGA, 30 FERRY ST.,

SCHUYLERVILLE, NY

July 19, 2004

7:00 P.M.

 

Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance

at 7:00 p.m.

 

Roll call: Town Clerk Ruth Drumm called the roll.  Supervisor Thomas Wood- present, Councilman Bruce Cornell - present, Councilman Charles Hanehan- present, Councilman Fred Drumm – present, and Councilman Michael McLoughlin – absent (arrived at 7:05 p.m.)

Also present: Dave and Lynda Teitelbaum, Darren and Kristi Carrara, and Anthony Holland

 

Old Business:

Supervisor Thomas Wood explained that the Public Hearings were held on July 12, 2004 for proposed Local Laws #04-05 and #04-06, Zoning Amendments, and that the County Planning Board’s approval has been given.  Local Law #5 of 2004 Zoning Amendments, consists of adding the definitions of Minor and Major Subdivisions and fee increases for Subdivisions due to increased costs to the town for advertising and other related costs.

Supervisor Thomas Wood made a motion to amend Local Law #04-05 Section VIII - Fees, 2. Major Subdivision, Application Fee $300.00 to $300 up to 10 lots plus $30 per each additional lot over 10 lots. Councilman Charles Hanehan seconded it. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0. 

Supervisor Thomas Wood introduced Resolution #04-91 to adopt Local Law #04-05 as amended and Councilman Fred Drumm seconded it. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0. 

(The full text of Local Law #04-05 is filed in the Local Law Book at the Town Clerk’s Office.)  Supervisor Thomas Wood will direct Town Attorney William Reynolds to file Local Law #04-05 as amended with the Secretary of State and fulfill any other requirements.

 Local Law #6 of 2004, Zoning Amendments to Local Law #1 of 1981, includes the addition of Planned Unit Developments, increases in Special Permit fees, adjustments to building heights, the number of required parking spaces for multi-family units, and corrections to remedy many other discrepancies and inconsistencies in the code. After discussions at the public hearing and subsequent discussions with Zoning Officer Robert Hathaway, it was recommended that the proposed change to Section 9 – Pre-existing Lots: Article IV, Section 2(B) Existing Lots should be removed because it would take away rights of property owners of non-conforming lots.  Supervisor Thomas Wood made a motion to amend Local Law #04-06 by removing the proposed change to Section 9- Pre-existing Lots: Article IV, Section 2(B) Existing Lots.  Councilman Bruce Cornell seconded this. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0. Supervisor Thomas Wood introduced Resolution #04-92 to adopt Local Law #04-06 as amended and Councilman Fred Drumm seconded it. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0  Supervisor Thomas Wood will direct Town Attorney William Reynolds to file Local Law #04-06 as amended with the Secretary of State and fulfill any other requirements. (The full text of Local Law #04-06 is filed in the Local Law Book at the Town Clerk’s Office.)

 

Supervisor Thomas Wood commented regarding the three year agreement requested by the Saratoga County Office for the Aging, Sponsor of the Retired and Senior Volunteer Program of Saratoga County (RSVP) for space for the Osteoporosis Prevention Exercise Class to meet.  After discussions with Town Attorney Bill Reynolds and the town board it was suggested that a clause be added to the agreement that would allow it to be cancelled with 60 days notice. It was noted that other towns have had reservations with the 3-year contract. After conversations with Victory Mayor George Sullivan, it was noted that space is available at the Village of Victory’s Hall. Supervisor Thomas Wood will first check with the seniors to see if it would be acceptable to them to meet at the Village of Victory’s Hall and then Mayor Sullivan will present it to the Village Trustees. 

 

Supervisor Thomas Wood stated that School, Town & County taxes will have to be paid on the Eagle’s Way Road that was taken over by the town because it was privately owned on March 1, 2004 when the tax roll was prepared.  It has since been deleted from the tax map and tax roll for future years. The taxes owed are about $144.00.

 

New Business:

Supervisor Thomas Wood reported that a site for a new town hall is being pursued.  It was believed that the town owned 1 acre at the present town hall site but after looking at tax maps it appears that the town may own two acres.  Supervisor Thomas Wood asked Town Attorney Bill Reynolds to research the deed.  He found that the town owns a two-acre parcel.  Supervisor Thomas Wood added that two acres would be an adequate site for a new town hall with room for additional parking.  The site also has water and sewer, which is an additional advantage.  After speaking with Mayor John Sherman it may be possible to acquire the remaining acre of the 3.3-acre parcel.  Supervisor Thomas Wood mentioned that some additional considerations would be the floodplain and the possibility that an Archeological Study would be needed. Supervisor Thomas Wood will continue to investigate what would be required.   

 

Supervisor Thomas Wood described the history of the application for a mining permit on Route 29.  The planning board received the application for a Special Use Permit for a sand mine along Route 29 by R.J. Valente Gravel Inc. and it was denied due to the lack of the 400 feet of frontage required.  They had applied to the Department of Environmental Conservation for a mining permit also.   Supervisor Thomas Wood suggested a 6-month moratorium on mining in the town in order to do further study and review with the possibility of adopting zoning amendments that could include additional restrictions or regulations.   Supervisor Thomas Wood made a motion to direct Town Attorney Bill Reynolds to write a Local Law for a 6-month moratorium on new mining permits in the town.  This to be advertised and a public hearing will be held at our regular August 9, 2004 meeting.  Councilman Michael McLoughlin seconded it.  Some discussion followed and it was made clear that this will just affect new mining applications.   Supervisor Thomas Wood allowed public comment: Anthony Holland stated that he has investigated the noise effects of the machines and trucks used in the mining process.  He stated authoritatively that the amount of noise generated would greatly exceed the local ambient noise levels and will also exceed the DEC’s own noise standards. He stated that it is clear that a mining operation would create an intolerable noise level for all neighbors and is likely to cause hearing damage.  David Teitelbaum asked the board to please allow the 6-month moratorium to gain the opportunity to further investigate.  Supervisor Thomas Wood asked for further discussion and no one responded.  Having had a motion presented and seconded directing the town attorney to draft a local law to implement a 6-month moratorium on mining permits the board proceeded to vote. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0   

 

Supervisor Thomas Wood presented the board with the job description for a part-time Planning/Zoning Board Clerk.  A clerk will need to be appointed for next year.   Supervisor Thomas Wood suggested that we share the need with the Planning and Zoning Boards and possibly advertise the position.  Salary will be discussed at the budget workshops. 

 

Supervisor Thomas Wood reported that after conversations with Town Attorney Bill Reynolds and Zoning Officer Robert Hathaway regarding the Tattoo Parlor that is operating at 1164 Route 29 without the required Special Use Permit, it was determined that the Town Attorney could initiate legal action.  Councilman Fred Drumm made a motion to direct Town Attorney Bill Reynolds to take legal action against Eugene P. Blonkowski, who is operating a Tattoo Parlor without a Special Use Permit. Councilman Charles Hanehan seconded this. Supervisor Thomas Wood - aye, Councilman Fred Drumm – aye, Councilman Bruce Cornell – aye, Councilman Michael McLoughlin - aye, and Councilman Charles Hanehan - aye.  Carried 5– 0

 

Supervisor Thomas Wood informed the board that we are running over budget on engineering fees due to an increased workload for review and the payment of some leftover 2003 expenses.  He stated that we might need to transfer funds.  He added that there is money in the Zoning account that could be used when needed.  It was suggested that some money might be needed to update our Zoning regulation books due to the amendments passed.  Supervisor Thomas Wood will contact Tracey Clothier of the LA Group to see what that might cost.

 

Supervisor Thomas Wood explained the need for Town Officials to have picture ID badges when conducting town business.  He is preparing ID badges for all Town Officers. 

 

Supervisor Thomas Wood announced that he will be meeting on Thursday, July 22, 2004 at 1:30 p.m. with members of the NY State Assessment Board, Victory Mayor George Sullivan, Councilman Bruce Cornell, Assessor Catherine DeFelice, and Carol Holly, Director of the Saratoga County Real Property Tax Service to discuss the reduction in assessment of the Victory Hydro Station.  Reasons why will be discussed and options for appeal. 

 

Supervisor Thomas Wood received a letter from Jeannie Duval, Program Director of the Town of Saratoga Swim Program.  She announced that this year’s program is off to a very successful start with 140 swimmers enrolled. The program website address is http://schuylervillecolts2.tripod.com/ and it contains a breakdown of all courses offered at the Learn to Swim Program along with a photo page, cancellations and a parent page. 

 

A budget workshop will be held on Tuesday, July 27, 2004 at 7:00 p.m.

 

The next regular town board meeting will be at 7:00 p.m., on August 9, 2004.

 

A motion to adjourn at 8:45 p.m. was made by Councilman Fred Drumm and seconded by Councilman Charles Hanehan. Supervisor Thomas Wood – aye, Councilman Fred Drumm – aye, Councilman Michael McLoughlin – aye, Councilman Bruce Cornell – aye, and Councilman Charles Hanehan - aye.  Carried 5– 0.

 

Respectfully Submitted,

 

 

Ruth Drumm, Town Clerk

 

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