DRAFT MINUTES OF�
TOWN BOARD MEETING
OF THE TOWN OF
SARATOGA,
30 FERRY ST.,
SCHUYLERVILLE,
NY
April 14, 2008
7:00 P.M.
Supervisor Thomas Wood opened the meeting with the Pledge of Allegiance
at 7:00 p.m.
Roll call: Ruth Drumm, Town Clerk,
called the roll.� Supervisor Thomas
Wood- present, Councilman Fred Drumm - present, Councilman Charles Hanehan-
present, Councilwoman Betty Koval - present, and Councilman Michael McLoughlin
� present.
Also present: Town Attorney William Reynolds, Highway Superintendent Dave Hall, Zoning Officer Gil Albert, Deputy Town Clerk Linda McCabe, Tax Collector Jim Gorham and many other interested members of the public.
�
Recognitions/Presentations/ Bid openings/ Public Hearings:
On
a motion by Supervisor Thomas Wood and seconded by Councilman Charles Hanehan
the following Resolution #08-66� �Superintendent Frank Dean � National Park
Week� was adopted by vote: Supervisor
Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan �
aye, Councilwoman Betty Koval � aye, and Councilman Michael McLoughlin �
aye.� Carried 5 � 0.��
WHEREAS, Saratoga National Historical Park Superintendent
Frank Dean, once said, �This project will provide a great opportunity for the
public to learn more about our nation's history while enjoying scenic views �,
and that focus on the visitor can best describe the four years that Frank Dean
has served as a genuine leader in our community; and
WHEREAS, the citizens of the Town of Saratoga have recognized
Superintendent Frank Dean for his contributions to the visitor experience of
thousands of tourists who visit the Old Saratoga region; and
WHEREAS, having served as Saratoga National Historical Park
Superintendent, Frank Dean has lead a number of important initiatives including
dedicating the Saratoga Monument, rehabilitated the exterior of the Schuyler
House, pushing forward the Victory Woods project, and being a guiding light in
the development of the Old Saratoga on the Hudson/ Saratoga-Washington on the
Hudson Partnership projects.� Throughout
his four years experience, Dean has exemplified the best qualities of those who
have chosen to devote their lives to the honorable profession of public
service; and
WHEREAS, the visitors and the citizens of the Town of
Saratoga will greatly miss the leadership of Superintendent Frank Dean, who
leaves his legacy of developing strong partnerships over endless hours of
working with our community each year;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF
SARATOGA BOARD, is proud to honor and commend Park Superintendent Frank
Dean, a man who stands admirably as an example for any Saratogian of a true
leader of vision to his community and the country; and
����������� FURTHER BE IT
RESOLVED, that the Town of Saratoga Board wishes Frank Dean success, health
and happiness in his new position as chief of the National Park Service
Centennial Planning Office; and
FURTHER BE IT RESOLVED, that the Town of Saratoga hereby declares April
19-27, 2008, as �Superintendent Frank Dean � National Park Week� in the Town of
Saratoga as part of the annual Presidentially proclaimed week for celebration
and recognition of the National Parks; and
FURTHER BE IT RESOLVED, that a copy of this resolution be spread upon the
pages of the Minutes of the Town of Saratoga Board as a permanent record; and
FURTHER BE IT RESOLVED, that a copy of this resolution be dispatched to the
Park Superintendent Frank Dean, a distinguished and resolute leader and public
servant.
Proof
of notice having been furnished the following Bid was opened for the 1987 Gradall 660C, sole bid:
Hazleton
Equipment Co., 500 S. Church Street, Hazleton, PA 18201 - $2,791
Supervisor
Thomas Wood noted that action will be taken under New Business later in the
meeting.�
Proof
of notice having been furnished the
Public Hearing on Mass Gathering Permit #1 of 2008- NYS High School Rowing
Championships � May 10th & 11th was opened at
7:09 p.m. by Supervisor Thomas Wood.� No
one addressed the board.� On a motion by
Supervisor Thomas Wood and seconded by Councilman Fred Drumm the public hearing
was closed at 7:10 p.m.� Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.��
�
Supervisor
Thomas Wood explained that the proposed law has been revised since last month
to only include non-commercial Wind Energy Conversion Systems.� He added that a Special Use Permit will be
required from the Planning Board and the fee for that is $200. Proof of notice
having been furnished Supervisor Thomas Wood opened the Public Hearing on Local Law #3 of 2008 � Zoning Amendment adding
provisions for construction of� Wind
Energy Conversion Systems at 7:15 p.m.
Wayne Bakken voiced concerns over the
1.5x the height of the tower setbacks in the new law.�
Marion Craine stated that she applauds
the board for drafting a law to permit Wind Energy Conversion Systems for
residential use.�
All
who wished to speak having done so, Supervisor
Thomas Wood made a motion, seconded by Councilman Charles Hanehan to close the
public hearing at 7:24 p.m.
Supervisor Thomas Wood - aye,
Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilwoman
Betty Koval � aye, and Councilman Michael McLoughlin � aye.� Carried 5 � 0.��
Approval of Minutes: A motion was made by Councilwoman Betty Koval�
and seconded by Councilman
Michael McLoughlin to accept the minutes of the March 10th regular meeting, and
the March 28th special meeting as
written. Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman
Charles Hanehan � aye, Councilwoman Betty Koval � aye, and Councilman Michael
McLoughlin � aye.� Carried 5 � 0.��
Town Clerk�s report for March 2008: Town Clerk Ruth Drumm reported.� Fees paid to the County Treasurer for Dog Licenses $148.17. Fees paid to the NYS Dept. of Agriculture and Markets for the spay/neuter program $45.00. Fees paid to New York D.E.C. for hunting and fishing licenses $75.01. Fees paid to the New York State Health Department for Marriage licenses $0.� Dog license fees to Supervisor Thomas Wood $392.83. Clerk fees to Supervisor Thomas Wood $34.74. Total State, County, and Local Revenues received were $695.75.
Zoning Officer�s report for March 2008:� Zoning Officer Gil Albert reported: 10 Building Permits, 11 Building Inspections, 4 CO�s, 0 Complaints, 8 misc., and 1 Building Permit renewal.� A check for $2,941.90 was given to Supervisor Thomas Wood.�
Zoning Officer Gil
Albert reported that the building at 1390 Rt. 9P owned by Calvin Gong has been
stabilized and the second story removed.�
There is a Court date set for 4/15/2008 to deal with the remaining
problems.���
Dog Control officer�s report for March 2008: Supervisor Thomas Wood read the report for DCO Ed Cross.� He answered 17 complaints, traveled 102 miles, issued 9 warnings, took 1 dog to the shelter, responded to 1 dog bite and 15 summonses were issued.�
Town Court report for March 2008: The following were closed: 94 Vehicle & Traffic, 10 Criminal/Penal Law, 3 DEC/ENCON, 3 Dog cases, 2 DWIs, 0 Town & Village Ordinance, 1 Small Claims/Civil, 1 Eviction, 1 Bench trial, 1 Divestiture Form (case transfers) sent to County Court, 13 attended the Science of Speed School, 0 Defendants sentenced to probation, 155 hours of community service issued, 0 days of jail time issued, 1 Order of Protection issued, and $5,865.00 in fees were paid to the NY State Comptroller.�
Tax Collector�s report:� Tax Collector Jim
Gorham reported that he has collected $2,430,713.92 through April 2nd,
2008, which includes $5,473.14 in penalties and $324 in second notice
fees.� He added that he is done
collecting and he settled with the County Treasurer on April 7th.�
Historian�s report:� �Deputy
Historian Pat Peck read the following report submitted by Historian Sean
Kelleher.
The Historian�s office is
moving along this month.� We had some
inquiries on home histories and a request from a property owner for a copy of
photos.� We have been developing a
system where we scan the photos and save them on a CD.� Then the individual can go to a commercial
establishment � camera shop or copy center - and get a nice copy for their
personal use.� The Old Saratoga
Historical Association has planned a night to reminisce about the good old days
at the corner school in Schuylerville on Thursday, April 24.� The evening will start with a tour of the
school at 7:00 pm, followed by a time to reflect on days spent in this school
at 7:30 pm.
In the region, there has been
good news.� Saratoga National Historical
Park is losing Superintendent Frank Dean, which is a great loss because of his
leadership and willingness to partner beyond the Park boundaries.� Dean is moving on to a great position as
chief of the National Park Service Centennial Planning Office.� At the same time, our office is excited that
the National Park has appointed Joe Finan as the new Superintendent.� Finan has spent many years at Saratoga
supervising the facilities and as Assistant Superintendent.� Finan has overseen numerous projects
including renovations of Saratoga Monument and preservation of the Schuyler
House.� In other news, the State budget
has funded the Quadricentennial Commission including events in Saratoga County
and Schuylerville.� The French and Indian
War Anniversary Commission, which I serve on as the Governor�s representative,
has seen increased funding which supports project partnerships, including one
with the Old Saratoga Historical Association working on a display of the life
of General Schuyler.� In addition, the
budget included moneys for the Saratoga-Washington on the Hudson
Partnership.����
Deputy Historian Pat Peck
reported that she attended meetings of the NYS Association of Public Historians
in Glens Falls on April 17th � 19th.� She added that she continues to attend
monthly meetings at the Schuylerville Library to help folks research their
family history.�
Assessor�s report: Assessor Victoria Hayner reported:�
March was a busy month in the
Assessor�s Office.� We spent the month
�fine-tuning� our Assessment roll.� The
various tasks required for update were adding exemptions, reviewing building
permits and making sure valuation on completed as well as partially completed
projects was updated.� We also met with
property owners requesting a conference to discuss their concerns regarding
their property valuation.
The first two weeks in April
were spent in getting all things ready for submitting the Tentative Roll for
2008 to the County for reproduction.� We
anticipate receiving the 2008 roll by May 1st at which time it is
available for public inspection.� The
public is invited to review their property information and assessment Monday
through Friday between the hours of 9:00 AM and 1:00 PM.� The Assessor will be available on Monday,
Wednesday and Thursdays between the hours of 10:00 AM and 1:00 PM.� The Assessor will also �sit with the Roll�
on Monday, May 12th from 4:00 PM � 7:00 PM and Saturday, May 17th
between the hours of 9:30 AM and 12:30 PM.
We have been out and around
the Town doing inspection of various parcels and updating pictures as necessary
and will continue the updating of property inventory.
Supervisor�s report: Supervisor Thomas Wood presented his financial report as follows:
MARCH 2008
����������������� GENERAL FUND � TOWNWIDE (A
FUND)�������������������� YTD 3/31��������������
�����������������
����������������� Balance on hand Mar. 1���� ���������������$1,166,893.92
����������������� March���� Revenues�������������������������� +����
23,405.62����������������
554,948.40
����������������� March Disbursements��������������������������� -49,987.02���������������� 125,157.89
����������������� Balance March 31�� ���������������� ������������1,140,312.52
����������������� GENERAL FUND � OUTSIDE VILLAGE
(B FUND)
�����������������
����������������� Balance on hand Mar. 1������������������ $235,240.33
����������������� March Revenues������������������������������ +42,070.50����������������� 183,016.82
����������������� March Disbursements��������������������� -112,623.01 ������������������124,482.29
����������������� Balance March 31��������������������������� $164,689.82
����������������� HIGHWAY FUND � OUTSIDE VILLAGE
(DB FUND)
�����������������
����������������� Balance on hand Mar. 1�������������������� $405,692.08
����������������� March Revenues����������������������������� + 150,609.30������������������ 226,295.32��
����������������� March Disbursements��������������������� - 225,516.52�������������������� 321,113.44���������������
����������������� Balance March 31������������������������������ 330,784.86
�����������������
YOUTH RECREATION & SERVICE�� Mar. 31������������������� $642.93
����������������� ������������������������������ ����������������
����������������� HIGHWAY EQUIPMENT RESERVE�� Mar. 31������������������� $898.67
����������������� BUILDING RESERVE�� Mar. 31���������������������������������� $1,222,449.91
����������������� PARKS� Mar. 31�������������������������������� ������������������������������� $52,686.74
����������������� RISK� Mar. 31������������������������������������������������������������ ������� $28,844.84
�����
Supervisor Thomas Wood
reported that Clarence Fosdick has been working on the Census Update.� He explained
that it is an important task as we need to research and include as many
residences as we can identify so that everyone gets counted for the 2010
census.� He added that this will help
the town in receiving aid.�
Clarence reported that he has
turned in an additional 288 addresses for the list. A field review of the
addresses will be done during the census in 2010. He added that he is done with
his work until about the same time next year.�
�����������
Highway: Highway
Superintendent Dave Hall reported that they have been busy sweeping
intersections, working on the dirt roads, and filling potholes. On Tuesday, the
crew attended a 2 � hour safety seminar on operating the new Gradall.��
Public comments on agenda items:�
Steve Bodnar spoke in favor of the support for the not-for-profit foundation �Over the Rainbow for Children� stating it is a wonderful idea.�
Clarence Fosdick commented on Resolution #08-67 requesting that Fish Creek be added to the NYS Open Space Plan for Region 5.� He asked what the advantage would be and Supervisor Thomas Wood responded that projects within the plan receive priority when seeking grants.��
Laura Welles encouraged passage of Resolution #08-67 requesting the inclusion of Fish Creek in the NYS Open Space Plan for Region 5.
Committee reports:
Landfill: Supervisor
Thomas Wood reported that we have contracted with Phoenix Environmental
Laboratories to do the testing at the dump and they have reported that we are
in compliance.��
�Insurance: �No report.
��
Youth: �No report.
Councilwoman Betty Koval
reported that the Schuylerville Senior Citizens met on March 11th
and were entertained by Jeff Erwin, pianist, during the dinner hour.� Attendance was 67.� They met on March 25th and the seniors wore
entertaining hats which were judged competitively.� Joe Peck, country humorist, provided the entertainment.� April 8th Dick Behrens gave a
presentation reporting the history of the General Schuyler Emergency
Squad.� He also presented a detailed
report of the plans for the new emergency squad building and the status of
up-to-date skills of the department members.�
Attendance was 60.
Upcoming events:
May
20 & 21st � �55 Alive� driver training
May 27th � The
Moreau Fun Band will entertain at the regular meeting.
June 10th � The
annual birthday party meeting.
June
11th � Day trip to Chatham to see the show �7 Brides for 7 Brothers�
She added that a weather policy was adopted.� If Schuylerville School is closed then the
senior meeting will be cancelled.
A tour of Wesley Health Care
Center in Saratoga Springs will be tentatively scheduled in May.� Nominations for new officers are due at the
June meeting.� There will be a bus trip
to Metamoras, Pa., June 18th.�
Members will attend a dinner theater titled �Shotgun Wedding.��
Park Committee:�
Supervisor Thomas Wood
reported that the next committee meeting is scheduled for April 29th.� They are working with the LA Group regarding
the need for and cost of the archeological study for the site.�
Marty Hanehan,
Turning Point Dairy, responded that it is open to agriculture and they have
taken advantage of the collection days in the past.
�
Quaker
Springs Fire Department (QSFD) :�
Stephen Bodnar addressed the board.� He reported that the fire department
responded to 7 alarms in March. The new truck is in full service.� The ladders have been tested and are all
okay.� Physicals are now being
done.� They are participating in the NYS
Grant for Higher Education.� The $20,000
of grant money from Senator Bruno for farm rescue equipment has been received.
The well has been drilled on the Rt. 9P property and the bids for the
construction should go out within a week.�
The annual Chicken BBQ will be held on May 4, 2008 from noon � 3pm.
Saratoga
County Farm Bureau (SCFB):� Marty
Hanehan, Turning Point Dairy, addressed the board.� He thanked Supervisor Thomas Wood and the
board for giving him the opportunity to talk about agriculture, the biggest
industry in our town.�� He spoke
regarding volatile prices and how farmers adapt, open space, and CAFO plans.
�
The price of gas, fuel,
fertilizer, and grain is skyrocketing.�
Farmers try to adapt any way they can, usually with more efficient
equipment.� They also watch the markets
and save money by locking in prices or pre-buying.�
The Saratoga County Farm
Bureau lobbies and interacts with all levels of Government.� It is well known in the County, State, and
even at the National Level.� At the town
and county level one of the biggest issues is open space.� Farmers need open space to produce their
products and it gives the community beautiful landscapes to drive by on a daily
basis.� The Saratoga County Board of
Supervisors is working on preserving open space with their green infrastructure
plan.�
Lastly, he addressed CAFO
plans, which are nutrient management plans initiated by NYS and overseen by the
NYS DEC.� Farms which have 200 or more
cows must follow a CAFO plan.� They
require a tremendous amount of planning, paperwork, and management dealing with
monitoring fields, manure spreading, cow and calf numbers, crop yields and
rainfall records to name a few.� The
book has to be managed by a state approved/licensed planner.��
Old business:
Laura Welles gave the history of the Larmon PDR
application which initially began in July of 2006 with Saratoga PLAN purchasing
the property from the Larmon�s and receiving the grant.� Saratoga PLAN would own and manage the
property and include public access.��
The application changed after Saratoga PLAN talked to the Fish Creek Rod
& Gun Club about purchasing the parcel with Saratoga PLAN holding the
easement.� They approached the county to
amend the original grant.� The county
would approve the amendment if the Town Board approved the amended
application.� This amendment would not
include public access.�
The board expressed the desire for the town
residents to have access to Fish Creek for fishing and access for canoes and
kayaks.� Supervisor Thomas Wood with
advice from Town Attorney William Reynolds suggested that the Fish Creek Rod
and Gun Club could provide the town with a Recreational Easement to Fish
Creek.�
Jim Jennings of the Fish Creek Rod and Gun Club
stated that unofficially the public has used a section of the creek from their
property off Route 32.� He voiced
concerns over liability and maintenance if public access was granted.� Jim Jennings will go back to the club with
this condition.� A meeting is needed
between representatives of the Fish Creek Rod and Gun Club, Saratoga PLAN,
Supervisor Thomas Wood and Town Attorney William Reynolds.� Supervisor Thomas Wood added that the county
committee is waiting to hear from the town.���
New business:
On a motion by Councilman
Charles Hanehan and seconded by Councilman Fred Drumm� the following Resolution #08-55 � Granting
of Mass Gathering Permit #1 - NYS High School Rowing
Championships � May 10th & 11th was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, the Town Board of the Town of Saratoga has received
and reviewed� the application for a Mass
Gathering Permit by the Saratoga Rowing Association for a Rowing Regatta as
follows:
Permit #1: ������� Saratoga Rowing Association
P.O. Box 750, 543 Union Ave.
Saratoga Springs, NY 12866
Contact: Christopher Chase, Regatta Director
WHEREAS, the required information has been submitted, as
required by Local Law #2 of 2006, reviewed and deemed satisfactory, and
WHEREAS, the Town Board of the Town of Saratoga has held a
public hearing on April 14, 2008 for input�
by interested persons, and
WHEREAS, the event is desirable for the town, therefore be
it,
RESOLVED, by the Town Board of the Town of Saratoga that the
permit is granted conditional upon the Town of Saratoga receiving a Certificate
of Insurance for the above event naming the Town of Saratoga as additional
insured in the amount of $2 million, at least 5 business days prior to the
event, and that the event is found to be in compliance with the NYS Department
of Health regulations of Chapter 1, Title 10, Part 18 by the NYS DOH, and
further be it,
RESOLVED, by the Town Board of the Town of Saratoga to return
within 30 days following the event a portion of the application fee after
expenses for the legal advertising, insurance, and any other costs incurred in
the review and overseeing of the event.
Supervisor Thomas Wood asked Highway Superintendent
Dave Hall if the sole bid for the Gradall of $2,791 should be accepted and he
replied that he would like it rejected and readvertised with a minimum bid of
$5,000.
On a motion by Supervisor
Thomas Wood and seconded by Councilwoman Betty Koval�� the following Resolution #08-56 � Reject
Bid for 1987 Gradall was
adopted by vote: Supervisor Thomas Wood -
aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye,
Councilwoman Betty Koval � aye, and Councilman Michael McLoughlin � aye.� Carried 5 � 0.
WHEREAS, the Town Board of the Town of Saratoga is no longer
in need of the 1987 Gradall Model 660C, and
WHEREAS, the Town Board of the Town of Saratoga has
advertised the sale of said equipment, therefore be it,
RESOLVED, by the Town Board of the Town of Saratoga to reject
the sole bid of $2,791 from Hazelton Equipment Co., 500 S. Church Street,
Hazelton PA 18201 and to readvertise with a minimum bid of $5,000 for the 1987 Gradall Model 660C.
On a motion by Councilman
Charles Hanehan and seconded by Councilman Fred Drumm�� the following Resolution #08-57 � Lead
Agency � SEQR Review � Local Law #3 of 2008 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman
Charles Hanehan � aye, Councilwoman Betty Koval � aye, and Councilman Michael
McLoughlin � aye.� Carried 5 � 0.
WHEREAS, �the Town of Saratoga, NY,� desires to amend the Zoning Law of the Town
of Saratoga by adding provisions for the allowance of wind turbines as a
special permitted use in the Town, and
WHEREAS,
said project is an Action subject to the provisions of the New York State
Environmental Quality Review Act (SEQR) and the regulations promulgated to
implement said Environmental Quality Review Act, and
WHEREAS,
the provisions of SEQR require the designation of a Lead Agency� to determine
the environmental significance of the Action, and
WHEREAS,
this agency wishes to function as �Lead Agency� in this matter, and
WHEREAS,
this agency has complied with the provisions of SEQR pertaining to �Lead
Agency� designation, now, therefore, be it
RESOLVED,
that this agency be and is the same hereby designated the �Lead Agency� for the
purpose of conducting the SEQR review of this project.
Supervisor
Thomas Wood noted that the State Environmental Quality Review (SEQR) form was
filled out by the board at the agenda meeting and the board concluded that if
would not have a negative impact on the environment.��
On a motion by Councilwoman
Betty Koval and seconded by Councilman Fred Drumm�� the following Resolution #08-58 � Negative
Declaration � Local Law #3 of 2008
was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
�������������� WHEREAS, the Town Board
of the Town of Saratoga, Saratoga County, New York (the "Town") is
considering enacting a certain amendment to the Zoning Ordinance of the Town of
Saratoga (the �Action�); and
WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-b of the Consolidated Laws of New York, as amended (the "SEQR Act") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York ("DEC"), being 6 NYCRR Part 617, as amended (the "Regulations"), the Town Board as lead agency desires to determine whether this Action may have a significant effect on the environment and therefore require the preparation of an environmental impact statement; and
�������������� WHEREAS, there has been
prepared a full environmental assessment form for the Project (the
"EAF"), a copy of which was presented to and reviewed by the Town at
this meeting and a copy of which is on file in the office of the Town Clerk;
and
WHEREAS, pursuant to the Regulations, the Town has examined
the EAF in order to make a determination as to the potential environmental
significance of Action; and
�������������� WHEREAS, the Action
appears to constitute a "Type I Action" (as defined by the
Regulations);
�������������� NOW, THEREFORE, BE IT RESOLVED
BY THE TOWN BOARD OF THE TOWN OF SARATOGA, SARATOGA COUNTY, NEW YORK AS
FOLLOWS:
�������������� 1.��� Based on an examination of the EAF and based further upon the
Town's knowledge of the area and such further investigation of the proposed
zoning amendments and their environmental effects as the Town has deemed
appropriate, the Town makes the following findings:
(a)�� The zoning amendment is described in the
EAF (adding provisions to allow wind turbines as a special permitted use in the
Town);
(b)��� The Action constitutes a "Type 1
Action" (as defined in the Regulations);
(c)�� No potentially significant effect on the
environment is noted in the EAF for this Action, and none are known to the
Town;
(d)�� This Action will not have
a significant effect on the environment; and the Town will not require the
preparation of an environmental impact statement with respect to the Action;
and
(e)�
As a result of the foregoing, the Town has prepared a negative
declaration with respect to the Action.
��������������� 2.��� The Town Clerk is hereby directed to file a negative
declaration with respect to the Action (said negative declaration attached
hereto); and a copy of the negative declaration shall be maintained in the
office of the Town Clerk in a file that will be readily accessible to the
public.
3.
�This resolution shall take effect immediately.
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project
Number:���������������������������������������������������������������������� Date:
April14, 2008
����������� This notice is issued pursuant to a
Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law.
����������� The ���� Saratoga Town Board�������������
as lead agency has determined that the proposed action described below will not
have a significant environmental impact and a Draft Impact Statement will not
be prepared.
Name
of Action:�������� Enactment of Local Law Amending Town of Saratoga
Zoning Ordinance
SEQR
Status:������������ Type 1������������
X��
����������������������������������� Unlisted����������� __������� �
Conditioned
Negative Declaration:� ___Yes
����������������������������������������������������������� �X �No
Description of Action:
����������� Enactment of Local Law amending Town of Saratoga Zoning Ordinance by
adding provisions to allow wind turbines as a special permitted use in the
Town.
Location:
(Include street address and the name
of the municipality/county.� A location
map of appropriate scale is also recommended.)���� Town
of Saratoga
Reasons Supporting This Declaration:
(See
617.7(a)-(c) for requirements of this determination; see 617.7(d) for
Conditioned Negative Declaration)
There are no potentially significant effects on the
environment noted in the EAF for this action, and none are known to the
Town.� The action will not have a
significant effect on the environment.
If
Conditioned Negative Declaration, provide
on attachment the specific mitigation measures imposed, and identify comment
period (not less than 30 days from date of publication in the ENB)
For Further Information:
Contact Person:����������� Thomas
Wood, Supervisor
Address:���������� Saratoga Town Hall, 30 Ferry Street,
Schuylerville, NY 12871
Telephone
Number:����� (518) 695-3644
For
Type I Actions and Conditioned Negative Declarations, a Copy of this Notice is
sent to:
Chief
Executive Officer, Town/City/Village of
Other
involved agencies (if any)
Applicant
(if any)
Environmental
Notice Bulletin, Room 538, 50 Wolf Road, Albany, NY 12233-1750 (Type One
Actions Only)
After board discussion on the
setback requirements in Local Law #3, a
motion was made by Supervisor Thomas Wood and seconded by Councilman Fred Drumm
to amend Local Law #3 by striking the words dwellings, and agricultural
buildings from Section 2, 2E. �
Supervisor Thomas Wood - aye,
Councilman Fred Drumm � aye, Councilman Charles Hanehan � aye, Councilwoman
Betty Koval � aye, and Councilman Michael McLoughlin � aye.� Carried 5 � 0.
On a motion by Councilman
Michael McLoughlin and seconded by Councilman Charles Hanehan the following amended Resolution # 08-59 �
Adoption of Local Law #3 of 2008 � Zoning Amendment adding provisions for
construction of Non-Commercial Wind Energy Facilities was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, the Town Board of the Town of Saratoga has reviewed
the aforementioned changes and has determined their merit, and
WHEREAS, the Town Board of the Town of Saratoga has held a
public hearing and received input from the townspeople, now therefore be it,
RESOLVED, by the Town Board of the Town of Saratoga to adopt
the amended Local Law #3 of 2008 � Zoning Amendment adding provisions for
construction of Wind Energy Conversion Systems, as noted in the attached Local
Law #3 of 2008. .
Town of Saratoga
Local Law No. 3 for the Year 2008
Wind Energy Conversion Systems
Be it enacted by the Town Board of the Town of
Saratoga, as follows:
Section 1.�
Appendix
A of the Zoning Regulations of the
Town of Saratoga (Section 400 et.seq. of the Town of Saratoga Code) is hereby
amended to add the following definitions in alphabetical order:
WECS � Any mechanism designed for the purpose of
converting wind energy into
electrical energy.
WECS, Commercial � A WECS that is the prime use
on a parcel of land and supplies
electrical power for off-site use.
WECS, Noncommercial � A WECS that is incidental
and subordinate to another use on
the same parcel and supplies electrical power
solely for on-site use, except that when a
parcel on which a noncommercial WECS is
installed also receives electrical power
supplied by a utility company, excess electrical
power generated by the noncommercial
WECS and not presently needed for on-site use
may be used by the utility company in
exchange for a reduction in the cost of
electrical power supplied by that company to the
parcel for on-site use.
Section 2.�
Article
IV of the Zoning Regulations of the Town of Saratoga is hereby amended by
adding Section 400-16.1 as follows:
�Wind Energy Conversion
Systems
A. Purpose. For the purpose of protecting the general public of the
Town of
Saratoga and properties adjacent to Wind Energy
Conversion Systems (WECS)
from indiscriminate placement, and related
health and safety problems,� the
following rules and regulations shall apply.
B. Definitions � See Appendix A.
C. Regulations � Noncommercial WECS shall be allowed by special use
permit
in any zoning district; commercial WECS are a
prohibited use in all zoning districts of the Town. All WECS shall conform to
the following regulations.
D. Application - An applicant for a special use permit for a WECS
shall submit a site plan to the Planning Board, which meets the requirements of
Section 400-32,� together with an
application fee of $200.� In addition,
the following information shall be submitted and prepared:
1 )A site plan drawn in
sufficient detail to show the following:
a) Location of the tower(s)
on the site and the tower height,
including blades, rotor diameter and ground
clearance.
15b) Utility lines, both above and below ground,
within a
radius equal to the proposed tower height,
including
blades.
c) Property lot lines and
the location and dimensions of all
existing structures and uses on site within 500
feet of the
system.
d) Surrounding land use and
all structures within 500 feet of
the WECS location.
e) Dimensional
representation of the various structural
components of the tower construction, including
the base
and footing.
f) Design data indicating
the basis of design, including
manufacturer�s dimensional drawings and
installation and
operation instructions.
g) For any tower exceeding
50 feet in height (not including blades),
�certification by a registered professional engineer or a
manufacturer�s
certification that the tower design is
sufficient to withstand wind-load
requirements for structures as established by
the New York State Uniform
Fire Prevention and Building Code.
2)� A Short Form EAF shall be required for a
noncommercial WECS.
E. Setback. The minimum required setback for any WECS tower from
property lines, overhead utility lines, or other
WECS shall be equal to 1.5 times
�the
proposed structure height, including blades.
F. Noise. WECS towers shall be properly maintained and operated at all
times and shall be located with relation to
property lines so that the noise
produced during operation shall not exceed fifty
(50) dbA, measured at
the boundaries of all of contiguous parcels that
are owned by non-site
owners.
G. Electromagnetic Interference. WECS generators and alternators shall
be
properly filtered and/or shielded in order to
avoid electromagnetic interference
and shall comply with the rules and regulations
of the Federal Communications
Commission contained in 47 CFR Parts 15 and 18.
I. Safety.
1) No WECS shall be
permitted that lack an automatic braking, governing, or feathering system to
prevent uncontrolled rotation, overspeeding, and excessive pressure on the
tower structure, rotor blades, and turbine components.
2) The minimum distance
between the ground and any part of the rotor blade system shall be thirty (30)
feet, except in the case of a roof- mounted WECS.
3) The Permittee shall meet
all FAA requirements as to lighting.
J. Height.
1) Noncommercial WECS shall
not exceed a total height of 100 feet, including rotor blade.
�����������
K.Visual. The Planning Board
in its discretion may require the applicant to undertake a visual impact
assessment. This may include such maps, photos, computer-enhanced photos, or
other materials as are reasonably necessary to assist the Board in evaluating
visual impact.� No individual WECS shall
be installed at any location which, in the opinion of the Board, would substantially
detract from or block the view from a scenic vista or scenic corridor.
����������� L. Aesthetics. No advertising signs or
language may appear on any WECS tower or blade. A WECS shall be painted in
neutral colors only. ���������
Section 3.
This Local Law shall take effect immediately
upon filing with the Secretary of State of
the State of New York.
On a motion by Councilman
Fred Drumm and seconded by Councilman Michael McLoughlin the following Resolution #08-60 �
Authorization to Deposit and Invest Town Funds was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
RESOLVED, by the Town Board of the Town of Saratoga to
authorize the Town Supervisor to deposit and invest Town funds with Key Bank, 21 Congress St., Saratoga
Springs, NY, NBT Bank, 80 Wolf Road,
Suite 101, Albany, NY, Adirondack Trust
Co., 473 Broadway, Saratoga Springs, NY, and TD Banknorth, 146 Main St., Greenwich, NY, in order to receive the
best return possible on Town funds. Banks shall provide their most recent
Consolidated Report of Condition (Call Report) at the request of the Town.��
On a motion by Councilman
Charles Hanehan and seconded by Councilwoman Betty Koval the following Resolution #08-61 Calvin
Gong � Authorization for Tax Collector to include the cost of stabilizing the
building at 1390 Rt. 9P in the tax to be levied on the property in the amount
of $2,960.15 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye,
Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, Resolution # 42 of 2008, authorized the Town of
Saratoga to enforce Chapter 182-4 of the Town Code regarding unsafe buildings,
against the owner of the property at 1390 Rt. 9P, identified as tax map number 193.6-1-52; and �
WHEREAS, Resolution # 42 of 2008, authorized the Supervisor to
enter into a contract with Art Thieverge., to secure the property at 1390 Rt.
9P, at a cost not to exceed $2,150.00; and
WHEREAS, the Town has paid Art Thieverge $2,150 to secure the
property at 1390 Rt. 9P, and Town Engineer Kenneth Martin $810.15 for
professional services, for a total of $2,960.15; and
WHEREAS, pursuant to Chapter 182-5 of the Town Code, the Town
may now levy the costs to secure the subject property on the owner�s Town tax
bill; now, therefore be it RESOLVED, that the Town Tax
Collector is hereby directed to notify the Treasurer of Saratoga County of this
action and to provide the Treasurer with whatever documentation he may require;
and, be it further
RESOLVED, that the Town Tax Collector is hereby directed to
include a charge of $2,960.15 in the tax to be levied on the property
identified as tax map number 193.6-1-52. �
Supervisor Thomas Wood
reported that the resignation of Ralph Pascucci, a 25 year member of the
Planning Board, was received.�
Supervisor Thomas Wood stated it was accepted with regret and that
Ralph�s service to the town and the outstanding job he did on the Planning
Board is highly commendable.
On a motion by Councilman
Charles Hanehan and seconded by Councilman Fred Drumm� the following Resolution #08-62 �
Appointment to Planning Board � Full Member � Jennifer Koval was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, Ralph Pascucci, after serving 25 years on the
Planning Board, has decided to step down, therefore be it
RESOLVED, that the Town Board hereby appoints Jennifer
Koval as a regular
member of the Planning Board from April 14, 2008 to
December 31, 2008, the remaining term of Ralph Pascucci.�
On a motion by Councilman
Fred Drumm and seconded by Councilman Michael McLoughlin the following Resolution #08-63 �
Appointment to Planning Board � Alternate Member � Joseph Lewandowski was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, Jennifer Koval has been
appointed as a regular member, the alternate position she held is vacant,
therefore be it
RESOLVED, that the Town Board hereby
appoints Joe Lewandowski as an alternate for the Planning Board from April 14,
2008 to December 31, 2008, the remaining term of Jennifer Koval.�
On a motion by Councilman
Charles Hanehan and seconded by Councilman Michael McLoughlin the following Resolution #08-64 � License
Agreement with Brookfield Renewable Power for a portion of the Fish Creek Spur
Trail as part of the Schuyler Park Project was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm � aye, Councilman
Charles Hanehan � aye, Councilwoman Betty Koval � aye, and Councilman Michael
McLoughlin � aye.� Carried 5 � 0.
RESOLVED, that Thomas N. Wood III, as Supervisor of the Town of Saratoga, is hereby authorized and directed to execute a license agreement with Brookfield Renewable Power, 399 Big Bay Road, Queensbury, NY 12804, which allows public access along a trail to be constructed along the Fish Creek connecting the Philip Schuyler House with the Village of Victory, said license agreement is subject to satisfactory review by the Town Attorney.�
On a motion by Councilwoman
Betty Koval and seconded by Councilman Michael McLoughlin the following Resolution #08-65� �Over the Rainbow for Children� was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, a not for profit foundation called "Over the
Rainbow for Children" has been established; and
WHEREAS, the main objective of the foundation is to support
children in the area that have cancer and life threatening diseases, to raise
money for research of those particular cancers, and to help any child in need;
and
WHEREAS, a board of directors is being established to provide
direction and guidance to the organization; now therefore be it
RESOLVED, that the town board agrees to support the foundation
with a grant of $200 to further the important objectives that the foundation
has established.
On a motion by Councilman
Michael McLoughlin and seconded by Councilwoman Betty Koval the following Resolution #08-67 Request to
add Fish Creek to NYS Open Space Plan for Region 5 was adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
WHEREAS, the Department of Environmental Conservation and the
New York State Office of Parks, Recreation, and Historic Preservation have
started the cycle to update New York State's Open Space Plan; and
WHEREAS, projects within this plan receive priority during
state funding cycles like the Environmental Protection Fund and New York State
Agriculture PDR programs; and WHEREAS, during the next two months
the Farmland and Open Space Committee of the Saratoga County Board will be
considering additions to the New York State Open Space Plan and
WHEREAS, the process is that the county recommends to the
Region 5 Committee, who then recommends to New York State and
WHEREAS, the new plan is expected to be in draft by the fall
of 2008 and adopted in the spring of 2009; now therefore be it
RESOLVED, that the Town of Saratoga requests that the Fish
Creek Corridor be considered for inclusion in the New York State Open Space
Plan.
Supervisor Thomas Wood reported that the Turning
Point Parade Committee has announced the Fourteenth Annual Turning Point Parade
2008 will be held August 3rd and has invited the board to
participate.� The theme is �Heroes
through History�.� Councilman Charles
Hanehan added that Pat and Joe Peck of Peckhaven Farms have been selected to be
Grand Marshals.�
Communications:
Supervisor
Thomas Wood reported on the following:�
v
Celebrating Lilacs �May 10th� & May 11th� at Fort Hardy Park
v
American Legion, Old
Saratoga Post #278, invitation to the board to participate in the Memorial Day
Parade on the 26th of May, 2008
Privilege of the floor:
Jim
Miers had concerns over the amount of liability insurance
required by the town for the Saratoga Rowing Association�s Regatta and if it
was enough.� Supervisor Thomas Wood
added that the event is also covered with the town�s policy.��
Bob
Hathaway addressed the board with concerns over the purchase
of the old school for a town hall.�
Jim
Jennings voiced his concern over why the GSES�s new building
couldn�t house the future QSFD�s fire station on Rt. 29 since it is only yards
away.� Steve Bodnar responded
that QSFD did approach GSES about doing just that but were turned down giving
security concerns and that financing would be prohibitive.�� Steve added that the Rt. 9P site was needed
and the land was donated to the fire department.
Upcoming meetings:
Agenda meeting � Thursday, May 8, 2008 at 7:00 p.m.
Regular town board meeting � Monday, May 12, 2008 at
7:00 p.m. �
Audit the Bills: On a motion by Councilman Fred Drumm and
seconded by Councilman Charles Hanehan the
following Resolution #8-68 - Approving the payment of bills in Abstract 4G was
adopted by vote: Supervisor Thomas Wood - aye, Councilman Fred Drumm �
aye, Councilman Charles Hanehan � aye, Councilwoman Betty Koval � aye, and
Councilman Michael McLoughlin � aye.�
Carried 5 � 0.
RESOLVED, by the Town Board of the Town of Saratoga to authorize
payment of the bills listed in Abstract 4G (04/14/2008) in the following
amounts: General A $22,502.25, General B $3,435.39, Youth $369.79 and Highway
Outside DB $25,336.12 for a total expense of $51,643.55.
A motion to adjourn
at 10:00 p.m. was made by Councilwoman Betty Koval and seconded by
Councilman Fred Drumm.�� Supervisor Thomas
Wood � aye, Councilman Fred Drumm � aye, Councilman Charles Hanehan - aye,
Councilwoman Betty Koval � aye, and Councilman Michael McLoughlin - aye.� Carried 5 � 0.
Respectfully Submitted,
Ruth
Drumm
Town Clerk