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HomeMy WebLinkAbout2011-04-12 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING TUESDAY, APRIL 12 , 2011 PUBLIC HEARING - STATE ENVIRONMENTAL QUALITY REVIEW AT 7:30 PM PUBLIC HEARING - JUNK YARD APPLICATION AT 8:30 PM THE TOWN HALL, 101 CONGER BOULEVARD Those present: Glenn E. Morey, Supervisor Ellard L. Sovocool, Councilman Donald F. Scheffler, Councilman Richard B. Gamel, Councilman Sheldon C. Clark, Councilman Fran Casullo, Attorney for the Town Also present: Sue Bennett, Joe Bennett, Jeannette Palmer, Rick Huber, Brian Robison, Gary Coats, April Scheffler. PUBLIC HEARING - STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) FOR PROPOSED LOCAL LAW #1 OF THE YEAR 2011 ENTITLED THE TOWN OF GROTON LAND USE & DEVELOPMENT CODE Supervisor Morey moved to open the Public Hearing, seconded by Councilman Sovocool, at 7:30 pm. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey The Town Clerk read the Public Notice as it which was duly published in the Town's legal paper, the Groton Independent, on April 6, 2011 and additionally in the Freeville Shopper on March 22, March 29 and April 5, 2011 . Written comments received by the Town Clerk: From Scott Doyle, Tompkins County Planning - "Just wanted to follow up with you regarding this item. We do not have any issue with the Town board declaring itself Lead Agency for the Land Use and Development Code Review. We will not be sending any formal letter in this regard. Thanks again for the review." From Janice Koski, Tompkins County Health Department- "This letter is in response to the March 9, 2011 letter and packet you sent to our office regarding the Town of Groton Land Use and Development Code of 2011. Our office has reviewed the packet and found a discrepancy. On page 23 Minor Subdivision - Submission of Plot (Section 221 .2d), the code states; "All on-site sanitation and water supply facilities (if any) shall be designed to meet the Town Board Minutes Page 2 April 12, 2011 minimum specifications of the Tompkins County Sanitary Code, and a note to this effect shall be stated on the plat and signed by an officer of the Tompkins County Health Department." Also according to your code definition a Minor Subdivision is land that results in two to five total lots. Our office does not have an individual well program. We would not oversee water supply facilities for individual homes on which four lots or less are divided. Our office would be involved in the water supply facilities if the land is subdivided according to the New York State Reality Subdivision Law abbreviated as follows; "...any tract of land which is divided into five or more parcels....within any consecutive three year period...five acres or less." If you have any questions please do not hesitate to contact me at the Tompkins County Health Department 607-274-6688. Thank you." Supervisor Morey - The issue is that this has to do with subdivision or cluster housing, which the Planning Board going to review anyways and put in stipulations. I don't think we should rewrite the whole Code, because if the Health Department doesn't do it, fine. I mean, it would still have to go through the process of Planning Board review. So, instead of rewriting the whole Code, I think we should go forward with it. Clerk Scheffler - I think they're talking about individual wells too. This is basically a hold- over from the old Code. It was something that wasn't changed and has always been in the Code. It refers to a small housing subdivision where you would be putting in water and sewer for the whole subdivision and that doesn't happen in the Town of Groton anyways. In the Village it does. Supervisor Morey - Right, it hasn't happened. Councilman Scheffler - I read this to mean that they don't oversee wells and our Code says they have to meet minimum standards. If they don't have any standards, then we automatically meet them. So, I don't see a problem with it anyways. The rest of the Councilmen agreed. From Paul Tavelli - "Re: SUE BENNETT. Dear Ms. Scheffler: I understand there is another meeting tonight with respect to the SEQR review. The neighbors in the vicinity of Peruville Road are still opposed to the language in the Mass Gathering Ordinance. There seems to be three significant errors in the SEQR review. Page 7, question 20 - should be yes, in that the Mass Gathering Ordinance will produce noises that far exceed the ambient noise levels. Page 9, question 8 - Mass Gathering Ordinances are not compatible with the adjoining land uses. Page 10, question 12 - again the Mass Gathering Ordinance will significantly affect traffic. Again, the neighbors want to go on record that there is no clear or measurable criteria for the excessive noise. No way to really enforce the Mass Gathering Ordinance. The number of 350 attendees is not logical in any sense. Thank you for submitting this to the Town Board." Town Board Minutes Page 3 April 12, 2011 From Sue Smith Bennett - "Just a short note to question or challenge the accurateness of the SEQR Review that has been published online for the Town of Groton Land Use & Development Code of 2011 . It appears that some questions were answered incorrectly and it is missing parts 2 & 3. According to NYS DEC, an Environmental Impact Statement (EIS) concisely describes and analyzes a proposed action which may have a significant impact on the environment. The Mass Gathering Section that has been added to the Town of Groton Land Use & Development Code of 2011 can and will have a significant impact on the neighboring area in a multitude of ways, which have not been addressed in the SEQR Review. We respectfully request that you disclose this information in your SEQR Review and also continue to work with the neighbors to find a more amicable solution." Comments from the Public: Sue Bennett - I just want to know if you could explain the next steps tonight or not. That's all I have to say. Supervisor Morey - There's three parts to a SEQR. The first part is to be filled out by the lead agency or the owner of the property in a case where there is a request for a building code or change or building permit and things like that. The second part is done by the lead agency or the Planning Board. The third part deals with Attorney Casullo - That deals with significant impacts in number three. If the SEQR is done tonight, then there will be another public hearing in May on the whole Code itself. So, if the SEQR passes tonight, there's still going to be one more public hearing after that. Sue Bennett - So did you decide who will do part two then? Supervisor Morey - Yes, we will as lead agency. Sue Bennett- I thought you said, or the Planning Board. Supervisor Morey - I was explaining the situation that if you came in and wanted to do something that requires Planning Board approval, their SEQR process would be that they would do the SEQR. Since we're sitting as lead agency for the Code review, we're going to do it. Sue Bennett - So, when are you going to do part two and three then? Supervisor Morey - Part two will be tonight and part three will be tonight. If there is a serious impact defined, we'll do part three. Sue Bennett- So, when you work on part two, is that open to the public? Supervisor Morey - No. There being no further comments, Supervisor Morey moved to close the Public Hearing and go to Regular Session, seconded by Councilman Scheffler, at 7:45 pm. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey Attorney Casullo clarified that the "propose action" is the enactment of the new Code for 2011. The following Part Two questions were discussed and answered: Town Board Minutes Page 4 April 12, 2011 Question 1 - Will the Proposed Action result in a physical change to the project site? Attorney Casullo - The project site would be the Town of Groton. Answer - NO. Question 2 - Will there be an effect to any unique or unusual land forms found on the site? Answer - NO. Question 3 - Will Proposed Action affect any water body designated as protected? Answer - NO. Question 4 - Will Proposed Action affect any non-protected existing or new body of water? Answer - NO. Question 5 - Will Proposed Action affect surface or groundwater quality or quantity? Answer - NO. Question 6 - Will Proposed Action alter drainage flow or patterns, or surface water runoff? Answer - NO. Question 7 - Will Proposed Action affect air quality? Answer - NO. Question 8 - Will Proposed Action affect any threatened or endangered species? Answer - NO. Question 9 - Will Proposed Action substantially affect non-threatened or non- endangered species? Answer - NO. Question 10 - Will Proposed Action affect agricultural land resources? Supervisor Morey - If you look at the three examples, I would say no. After reading the examples, the rest of the Board agreed. Answer - NO. Town Board Minutes Page 5 April 12, 2011 Question 11 - Will Proposed Action affect aesthetic resources? Answer - NO. Question 12 - Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? Answer - NO. Question 13 - Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Answer- NO. Question 14 - Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 616.14(g)? Supervisor Morey - The only CEA located in Tompkins County is Coy Glenn and is located in the Town of Ithaca. Answer - NO. Question 15 - Will there be an effect to existing transportation systems? Supervisor Morey instructed the Board to read the examples, after which they all answered no. Answer - NO. Question 16 - Will Proposed Action affect the community's sources of fuel or energy supply? Answer - NO. Question 17 - Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? Supervisor Morey again instructed the Board to review the examples. Councilman Gamel - Based on the letter we received is that overall? I mean if we put a business in anywhere it may have affect this, but will the Code affect the ambient noise level in itself, correct? Attorney Casullo - What you're looking at here is will there be objectionable odors, noise, or vibration as a result of the Propose Action? The Propose Action is the enactment of the Code. Several Board Members say that after looking at it in that way, that the answer would be "no." Answer- NO. Town Board Minutes Page 6 April 12, 2011 Question 18 - Will Proposed Action affect public health and safety? All Board members answer "no" in turn. Answer - NO. Question 19 - Will Proposed Action affect the character of existing community? Councilman Gamel - There's really no way to know that the permanent population of the City, Town or Village in which the Proposed Project is located is likely to grow by more than 5%. There's no way to know that and it's based on just the passing of the Code, so "no." Supervisor Morey - And just to let you know on the Census we grew 2% and we grew 2% on the last Census. The Village lost 4.3%. Clerk Scheffler- And that really is not a result of any local Code. Answer - NO. Question 20 - Is there, or is there likely to be, public controversy related to potential adverse environment impacts? Several Board Members say, "environmental?" "No." Answer - NO. Attorney Casullo verified that each question was answered with "no." He directed the Board back to page one of the SEQR form to check that Part 1 and 2 have been completed and that a resolution will be needed to makr a Negative Declaration. RESOLUTION #11-031 - MAKE NEGATIVE DECLARATION MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Town Board of the Town of Groton has completed Part One and Part Two of the State Environmental Quality Review (SEQR) in regard to the adoption of Proposed Local Law #1 for the Year 2011 entitled the Town of Groton Land Use and Development Code of 2011, and WHEREAS, the Town Board has determined that the adoption of said Local Law will not result in any large or important impacts and consequently will not have a significant impact on the environment, now therefore be it RESOLVED, that the Town Board hereby makes a Negative Declaration for the purposes of SEQR. Clerk Scheffler will prepare the required paperwork and mail it to the involved parties as well as the NYS DEC. Town Board Minutes Page 7 April 12, 2011 MOVED by Councilman Gamel, seconded by Councilman Scheffler, to approve the minutes of the March 8, 2011 meeting as presented. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey. Claim Numbers 91-122 of the General Fund in the amount of $23,143.10 were presented for audit. MOVED by Councilman Scheffler, seconded by Councilman Sovocool, to approve the General Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Abstain - Gamel Claim Numbers 40-62 of the Highway Fund in the amount of $24,556.72 were presented for audit. MOVED by Councilman, seconded by Councilman, to approve the Highway Bills for payment. Ayes - Sovocool, Scheffler, Clark, Morey. Abstain - Gamel Monthly Reports - Elizabeth Brennan, Bookkeeper/Highway Clerk - Was not present but had submitted monthly reports and requested budget transfers. RESOLUTION #11-032 - 2011 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2011 Budget Transfer: General Fund- Town Wide: From: Contingency, A1990.4 $1,035.41 To: Town Board, Contractual, A1010.4 914.75 Supervisor, Contractual, Al 220.4 120.66 Town Board Minutes Page 8 April 12, 2011 RESOLUTION #11-033 - 2011 BUDGET TRANSFER MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the following 2011 Budget Transfer: General Fund- Town Wide: From: Building, Equipment, A1620.2 $912.00 To: Town Clerk, Equipment, A1410.2 912.00 Gary Coats, Code/Fire Enforcement Officer - We're going to be running that ad on pools, like we do every year. It's a heads up to people who are going to be buying a pool to contact me first before they buy the pool. There are a lot of requirements. They may come cheap in the store but become very expensive when it's time to install them. Supervisor Morey - Make sure it says that the State law requires us to do this. Mr. Coats - You have the report. It was slow, but after coming back from vacation and then after last week's training, it's good to be back in the office, it's been busy. A lot of building permits have been issued in just the last few days. One thing I'd address is, we have a letter from Mr. Tavelli in regards to Mr. Hall who lives on the corner of Lick Street and Old Stage. As I've talked to you before, this has been an ongoing issue. He bought a mobile home and put it behind another mobile home with the agreement that he would move the front mobile home completely out of the Town, lock, stock and barrel, by March 1St . March came and went, still there. I did some stuff, talked to Fran many times. We want to get it moved. I've written Mr. Hall letters time and time again; talked to him on the phone time and time again; nothing happens. The letter from Mr. Tavelli, "Mr. Coats, Mr. David Hall has come to my office for legal advice concerning your notice of violation dated March 31, 2011 . Mr. Hall, as you know, would like to avoid costly litigation and he tells me that he can finish completion of the second mobile home and remove the first mobile home by May 9, 2011 . He needs a little more time because of the terrible winter that we are having. I would appreciate an extension for one more month. If you have any questions, please call." I am at the Board's pleasure. I have no real objection to giving the man until the 9th of May because I don't think we could get it to Supreme Court, according to Fran, before the 9th of May if we don't have to. Supervisor Morey - I wouldn't even go that far if we didn't have to. Can that be a consensus? Attorney Casullo - I think at this point, to be honest with you, I think Paul Tavelli is easy to work with and what he says in his letter, I believe that if we give him until May 9th chances are, better than even, that he's going to get this done. To be perfectly honest with you, even if you were going to sue it, you're not going to get into Supreme Court in May anyway. Consensus was to extend the deadline to May 9th. Mr. Coats asked Attorney Casullo if he should follow it up with a letter and Mr. Casullo said he would call him. Mr. Coats - One other thing. You have a copy of Local Law #1 of 1978, entitled Unsafe Buildings Law. I have been having some issues with a barn that is on the southeast corner of Champlin and 222. The barn, I've watched it. I got a citizen complaint on it and I acted on it then. I talked to the owner. There's a letter, that you have a copy of, Town Board Minutes Page 9 April 12, 2011 pretty much detailing what I have done to date. Over the winter the barn has gotten considerably worse; the doors are wide open; and there's no back half to it at all. The pictures, if you look at them, you can see where it's only half there anyway. There's been some shoring put up this winter. The foundation is falling away from the building and one whole wall is disconnected at the silo end. You can see in the picture, there are two signs on the door that I put on. Those are "condemned" signs, condemning the building from entry, but there's nothing other than the signs to keep somebody out. I talked to Rick Case about it. His fear is that if it falls, it's going to fall into the road. My truck is parked on the side of the road and you can see that if the building goes that way, and it has a tendency to do so, would fall right into Champlin Road. I've brought it to you because the law says that I have to bring it to you as an unsafe building. Councilman Gamel - You said you talked to the owner? Mr. Coats - A long time ago, and she understood the seriousness of it and wanted it down, but I think that's the only time I talked to her. Councilman Gamel - Well, talk to her again. Councilman Sovocool - I would get after her. Supervisor Morey - Have you cited her? Don't you have to cite her? Mr. Coats - If that's the way the Board wants me to go, I will cite her. I've tried to call her but I think she works strange hours or something. After further discussion, it was decided that Mr. Coats should try to contact the owner again and proceed from there. April L. Scheffler, Town Clerk/Tax Collector - Presented the Board with monthly Town Clerk's report, County Acres Pet Services report and her final Tax Collection report. She is taking taxes back to the County in the morning. We've been having an ongoing problem with Robin's computer and finally sent it over to Paragon to have it looked at and it has had it. So, I have had to order a new computer for her. Hers and mine are both 2004 computers and they said once they get to be 5 or 6 years old, you need to start thinking about new ones. Also, they said that the Windows XP, Microsoft is not providing all the patches and updates anymore, making them much more susceptible to viruses. Mine is making a lot of noise, so mine may be next. Of course, I thought I had the funds that were encumbered in January but then I was told that had to be ordered before the end of the year, so I'm not sure where we're going to get the money for that. I may have to use some of the records management money, since it is actually records. Supervisor Morey - No, we've got it in contingency. Clerk Scheffler - You may have seen the bill there from Paragon. We had to have them come in because no one in the building had internet and they had to replace a router out back. When they come back with Robin's computer they are going to spend some time looking at my computer and give us some ideas how to have a little more security for our office, at least, the network in our immediate office. This might be having one computer as an actual server and having that really secure and backed up. The other thing is that during the course of researching whether or not the Town owns the cemetery plot where the cannon sits, we became aware that the cemetery really doesn't have a place to keep their records, especially those old books from the 1800's that are irreplaceable. I think when Sheldon was there, I talked to you and offered to Town Board Minutes Page 10 April 12, 2011 store the records. I've offered to do that again and they would like to take me up on that offer. I contacted Suzanne Etherington from State Archives for sample agreements done in other places and wrote something up. Fran looked at it yesterday and thought it was okay. I've written it so that it should be renewed annually because that's when the cemetery association has it's meeting and if we renew it annually we won't be running the risk of somebody just forgetting that those records are here and that they do belong to the cemetery. Supervisor Morey asked if the other cemeteries were interested in doing this. After further discussion, the Board thought the offer should be extended to the other cemeteries. RESOLUTION #11-034 - STORAGE OF CEMETERY RECORDS MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves the agreement between the Town of Groton and the Groton Rural Cemetery Association for the storage of the cemetery records in the Town Clerk's vault and be it further RESOLVED, that the Town Board hereby gives the authority to the Town Supervisor to sign said agreement and be it further RESOLVED, that the Town Board hereby directs the Town Clerk to extend the offer to store records to the other cemetery associations within the Town of Groton. Francis Casullo, Attorney for the Town - Had nothing to report. Councilman Donald Scheffler, as Recreation Coordinator - Youth baseball and softball is getting underway. They have 190 kids signed up for it. Spring track and field will start on May 3rd The summer concerts are all set for the 2011 season. We need to start spreading the word that the Groton summer concert series now takes place on Wednesday evening instead of Thursday Evening. Bands still play from 6:30 to 8:00 pm at the Gazebo on Conger Boulevard except for the Old Timers Band which will play at the Legion. Many families attend the Groton Public Library family programs on Thursday and that has affected the program, so we don't want to compete with them. They are both good programs. Supervisor Morey - The McLean Community Council is having the Happenin' in the Hamlet, May 6th and 7th and a barbeque on May 6th. So, put that on your calendar too. Brian Robison, Tompkins County Legislator - I'm here to spread the good cheer of the County, of which there isn't a lot. I try to stop in and keep you updated as it relates to funding. We're already working on the 2012 budget. I just went to a budget committee hearing yesterday. It would appear that to just maintain our budget for next year, we'd be looking at a tax levy increase of about 130, which is obviously not acceptable. Bear in mind that the Legislature and the Governor and most of the citizens appear to be very much in favor of a tax cap which will affect us all. A 2% tax Town Board Minutes Page 11 April 12, 2011 cap, if you do the math of 13 minus 2, that means cuts. That's where we're going to have to make some really tough decisions and we're going to need some assistance from other entities, local governments, as it obviously affects you as well. So, as we're all out there dealing with our constituents, let's try to get a grasp of the enormity of it and let people know that. Ultimately it's the citizens who need to decide what services they want to keep and the ones that may be able to go by the wayside, at least for now. Glenn, you just mentioned that the Town of Groton grew by 2%, is that correct? That's Census figures? That doesn't keep pace with the growth of the County, which I believe is going to adversely affect the sales tax distribution, does that sound right? Supervisor Morey - the Town of Groton grew 2.7% and the Village of Groton lost population of 4.3%. Mr. Robison - I know for the Village of Groton, as it relates to sales tax distribution, with that figure their sales tax distribution will go down close to 10%o from the County. Supervisor Morey - We don't take our sales tax, only 100 of it. Mr. Robison - Well, I guess I'm here to tell you the bad news for the Village of Groton. Supervisor Morey - Well, you think about that. We kept the same tax rate, and we were bear bones, but we still had to raise the taxes 1 .6%, which I was kind of shocked at. Mr. Robison - Would some of that have to do with some of the mandated costs in terms of pensions and healthcare...? Supervisor Morey - Yes, of course. Mr. Robison - Any questions? Does anybody have any good news that I can take back to the County? If you hear of some, call me. I do really want to stress that we're really going to have to listen to our constituents as to what will be cut. And there are arguments as to whether government could or should be smaller. That is an argument. I guess I'm here to tell you that out of necessity, it's going to be, and it's kind of up to us as to what that's going to look like. RESOLUTION #11-035 - SET PUBLIC HEARING ON LAND USE & DEVELOPMENT CODE MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets a final public hearing on Proposed Local Law #1 for the Year 2011 entitled the Town of Groton Land Use & Development Code of 2011 for Tuesday, May 10, 2011 at 7:30 pm at the Town Hall. RESOLUTION #11-036 - SET DATE FOR ASSESSMENT REVIEW MOVED by Supervisor Morey, seconded by Councilman Scheffler Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby sets Wednesday, May 11, 2011 from 3:00pm - 6:00pm for Local Board of Assessment Review. Town Board Minutes Page 12 April 12, 2011 RESOLUTION #11-037 - APPOINT LOCAL BOARD OF ASSESSMENT REVIEW MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby appoints Fran Sovocool, Jean Morey, Jack Miller, Glenn Morey and Betty Conger as the Local Board of Assessment Reiview. RESOLUTION #11-038 - DECLARE FAIR HOUSING MONTH MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of1968 and the Fair Housing Amendments Act of 1988 and, WHEREAS, the Month of April 2011 has been designated by the U.S. Department of Housing and Urban Development's Office as Fair Housing and Equal Opportunity as Fair Housing Month, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Groton hereby declares and proclaims April 2011 as Fair Housing Month in the Town of Groton. RESOLUTION #11-039 - PROCLAMATION OF POPPY TIME IN THE TOWN OF GROTON MOVED by Supervisor Morey, seconded by Councilman Sovocool Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, the Carrington-Fuller American Legion Post #800 Auxiliary works unselfishly throughout the WHEREAS, the American Legion Auxiliary annually sponsors the traditional offering of the "POPPIES" to the Groton area, and WHEREAS, by offering these "POPPIES" the Auxiliary helps to benefit the needs of the disable American Veterans by providing workshops and therapy for them through the Veteran's Hospitals, NOW THEREFORE, I, Glenn E. Morey, Supervisor of the Town of Groton, DO HEREBY PROCLAIM, the month of May 2011 to be "POPPY TIME" in the Town of Groton and respectfully encourage all members of the Groton Community to generously support the Legion Auxiliary during "POPPY TIME". Announcements: ➢ Planning Board Meeting - April 21, 7:30pm ➢ Zoning Board of Appeals - April 27 - 7:00pm ➢Thank you from the First National Bank of Groton for the loan of chairs for their annual meeting. Town Board Minutes Page 13 April 12, 2011 PUBLIC HEARING APPLICATION FOR JUNK YARD LICENSE - RICK HUBER Supervisor Morey moved to open the Public Hearing, seconded by Councilman Sovocool, at 8:30 pm Ayes - Sovocool, Scheffler, Gamel, Clark, Morey The Town Clerk read the Legal Notice as it was duly published in the Town's legal paper, the Groton Independent, on March 30, 2011 and in the Freeville Shopper on March 29, 2011. There were no written comments received. Richard Huber - I own a General Contracting Business, the MH Company, in Ithaca, NY. I have one employee and have been in business for 18 years. We are a full service construction concern and have a superior rating with our clients. We have completed many projects of varying size and complexity including complete home construction, renovations, siding and roofing. Construction businesses, like many other businesses, are affected by the current economic slow down. Given this economic climate alternative business opportunities are being explored in an attempt to bolster current living standards. Furthermore, my business has required hands on involvement in order to achieve and maintain its reputation of high quality work and commitment to excellence. The magnitude of my involvement is starting to take a toll both mentally and physically, which necessitates segueing into other business opportunities. My desire is to develop an environmentally conscientious motorcycle recycling business, which involves the acquisition, de-construction, and resale of parts. The core business will deal primarily with Harley Davidson motorcycles obtained from insurance companies and private parties. The company name will be "Rick's Cycle Parts." The Internet will be utilized for parts resale through my business web page, Ebay, Craigslist, and classified ads. Parts will be bought by custom motorcycle builders, repair shops and motorcycle owners. There will be two or less motorcycles in the building at one time that I will be dismantling in a storage trailer located at 956 Salt Road and owned by Mr. & Mrs. Kyes. At no time would there be any storage of parts or motorcycles outside of the trailer, since this is against lease regulations and would also detract from the property. Scrap or unsaleable parts would be promptly taken to either a metal recycling center or an appropriate disposal facility. Saleable parts will be neatly stored in racks or bins inside the storage trailer where they would be inventoried and photographed and entered into "Rick's Cycle Parts" database using a portable laptop computer. Any fluids from the motorcycles will be drained into approved containers and promptly disposed of at appropriate recycling centers. Very little noise will be generated since dismantling will be preformed using hand tools such as ratchets, box wrenches, etc. I will not be open to the public. There will rarely be traffic to the unit. I will take parts to a UPS store or the post office for shipping on a daily basis. A UPS truck may make an occasional pickup or delivery. My mission is to provide the best service and quality parts through efficient shipping and outstanding customer service. Supervisor Morey - Gary, has all the required paperwork been received? Mr. Coats - Yes. Town Board Minutes Page 14 April 12, 2011 Supervisor Morey - You say it's going to be at 956 Salt Road, but you have an arrow pointing at Cozy Crest Development Corporation, which is across the street. It's not going to be there, right? Mr. Huber - No. Supervisor Morey - Alright. So, it will be at the designated place where it's considered a junkyard now. Why a trailer? Why not one of the garages he's got there? Mr. Huber - Because that's all he has available for me, all he had was a trailer for me. Supervisor Morey - Isn't it going to be about 5 feet above the ground? Won't you have to get a ladder or something? Mr. Huber - Yeah, it's about 4 feet, so I'll have to put something on the back to get into it, a stairway, maybe or ramp or something. Something I can back my pickup truck up to and wheel them into the trailer. It's a really nice trailer. It has some really nice graphics on the side and it's not like a junky trailer off of a semi. It has like snowmobiles or something on the side and is really nice looking. Supervisor Morey - Is there any electricity or running water? Mr. Huber- No. Supervisor Morey - What's going to happen if you have an accident with spilled liquids or something like that? Mr. Huber - It would be inside the trailer. I'd have some speedy-dry or something like that. Supervisor Morey - Shouldn't the fluids be removed before you get them? Mr. Huber - I'm not sure about that. Supervisor Morey - Isn't it the same for cars? I mean if they're junk, they have to Councilman Scheffler - Well, if when they go to the scrap yard, it depends. Before a car that's crushed or whatever, it has to be drained. A lot of scrap yards require them be drained but in this case, with salvaged vehicles, I don't think it would be. Mr. Huber - When you buy the motorcycles from the insurance company, it's as is, and I don't think they do anything with them as far as draining fluids and like that. Supervisor Morey - You're saying you'd have two motorcycles, maximum. What happens if you get three? Mr. Huber - I won't get three until one is gone. It's not really something I'm going to be working on full time. It's just something on the side for now to see how it goes. Supervisor Morey - But if you do work in violation of the Code, you forfeit the right to do business. You do know that? Mr. Huber - Understood. Supervisor Morey - You have to have a license from New York State? What license do you have, a junk permit? Mr. Huber - That's it, but the zoning is really the biggest part of getting the license from New York State. Supervisor Morey - Do you have that license yet? Town Board Minutes Page 15 April 12, 2011 Mr. Huber - I can't get the license until I get these other requirements and the zoning is the biggest part of that. Supervisor Morey - Are there any other permits that you're require, like Federal? Mr. Huber - Just the State. Supervisor Morey - Gary, do you have an insurance certificate on file or anything? Mr. Coats - I know that we don't have an insurance certificate for any other junkyard in the Town of Groton on file. What they are subject to is a yearly inspect by me and a yearly fee for that inspection. Actually the only junkyard we have in the Town right now is Dusty Kyes. The other ones have shut down and they won't reopen without coming back to the Board. Dusty is very prompt with getting all his inspections done. You can almost count on January 3rd or 4th, a check from Dusty Kyes wanting to renew his permit. Supervisor Morey - And all the parts are going to be stored inside the trailer? Mr. Huber - I wasn't planning on doing that initially, but since this is a 50-foot trailer, two motorcycles are barely going to take up any space, so it makes sense to maybe just keep them there. Councilman Game! - Rick, you're going to have two being dismantled at once but there's obviously a possibility that you could have more parts than that. You could have the parts of 30 motorcycles in a 50-foot trailer. You won't be taking apart more than two at once but you could have the parts of 25 or 30 motorcycles in there at once. Mr. Huber- Yes. Supervisor Morey - Do you have to have a log for this for the State or any regulations that you have to do? Mr. Huber- I have a checklist and I think I gave it to you last time I was here. Mr. Coats and Councilman Scheffler say that the State will require a log. It is also pointed out that the list is included in the information packet provided to the Board. Councilman Scheffler - Where's your office actually going to be? You say you're going to dismantle and store at Dusty's but you said something about selling on the internet. What's going to be your office or place of actual business? Mr. Huber - Well, I'm going to say it's on Salt Road, but probably realistically, I have some property up in College Town, a garage, where I keep my motorcycle that I ride now. I have a computer there, so that' probably where I'll list on the internet. I have a portable laptop too, so I could get a desk in the trailer and do it there as well. Councilman Scheffler - I was just wondering about sales tax and where the business is going to be handled because we're talking two different townships. It's not like the warehouse is down the road from the sales office. It sends up a red flag to me. Don't get me wrong, I'm all in favor of people making money and doing business, but it send up a red flag when you're way over there and this is over here. Why here? Mr. Huber - Well, I do have to get a sales tax account with the State and it will say that my business is in Groton. Councilman Scheffler- It's specific to the address of the business. Mr. Huber - Yes, I would assume that if I get a sales tax certificate it's going to be for the Town of Groton. Town Board Minutes Page 16 April 12, 2011 Councilman Scheffler- So, the sales would have to be transacted in Groton. Mr. Huber - Okay. This is all new to me. I don't really know until I get into it exactly how I'm going to work it so I'm within the law and the boundaries that everybody wants. I'm happy to do whatever I need to do to make sure that everybody's happy and everybody gets what they need to get. Supervisor Morey - Gary, does a business have to have potable water and electricity? Mr. Coats - This is unique. When you're open for customers, the public, that's when electricity and water would come into play. But he's just going to be there. Nobody will be coming to the site to do business. It's all going to be done through the internet and mail. The Code addresses it when it's a business where customers come. In this case, he's pretty limited to when he can work in there. Councilman Gamel - That's my only concern. Electricity wise, you can't work in a 50- foot closed in trailer without some light. You've got to have some electricity. How's that going to....extension cord? I mean you can't do that. I was wondering if Dusty had something set up. Mr. Coats - Possibly a portable generator to provide light. Mr. Huber - I could see myself just during the day with the back door open and just working where there is light. But you're right. If I'm going to store parts up in the front I'll need something there. Dusty did say possibly a generator or an extension cord and then charge me for the electricity. Councilman Gamel - I'm just trying to figure that out ahead of time because with that you would run into Code problems with an extension cord. Mr. Coats - An extension cord can be used on a temporary basis. It can't be used in lieu of hard wiring. If he goes in there on a Monday morning and wants to work until noon and runs an extension cord out there and then when he's done at noon, bring the extension cord back, that's within the Code, as long as it doesn't stay plugged in as hard wiring. There being no further comments, Supervisor Morey moved to close the Public Hearing and return to Regular Session, seconded by Councilman Sovocool, at 8:50pm. Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLUTION #11-040 - DECLARE TOWN BOARD AS LEAD AGENCY MOVED by Supervisor Morey, seconded by Councilman Gamel Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby declares itself as Lead Agency for the purposes of the State Environmental Quality Review in regard to Richard Huber's application for a Junk Yard License. Attorney Casullo lead the Board through Part 2 of the Short Environmental Assessment Form. Town Board Minutes Page 17 April 12, 2011 Question A - Does action exceed any Type I threshold in 6NYCRR Part 617.4 Answer - NO Question B - Will action receive coordinated review as provided for unlisted action in 6 NYCRR, Part617.6? Answer - NO Question C - Could action result in any adverse effects associated with the following: Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Supervisor Morey - Would that be yes if he is going to use a generator, and yes if he gets a leak? Councilman Scheffler - It could result in adverse effect, but I wouldn't say it is going to. But the question is could it, so.... Supervisor Morey asked for comment from the Code Enforcement Officer. Mr. Coats - The "could" is key. I don't see noise level, traffic, solid waste production or disposal, possibly, erosion, no; drainage, no; flooding problems, no; air quality, no; ground water quality, no. Maybe just noise and waste disposal. Councilman Game! - Possibly ground water, potentially. Attorney Casullo - It says here, for each adverse effect identified determine whether it is substantial, large, important or otherwise significant. So, you're answer is yes, but not significant? Answer - Yes, but not significant. Although surface or groundwater, solid waste disposal, noise level could be affected the Board felt that the possibility is minimal and therefore not significant. C2. Aesthetic agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Answer - NO. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Answer - NO. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Answer - NO. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Answer - NO. C6. Long term, short term, cumulative, or other effects not identified in Cl-05? Answer - NONE. C7. Other impacts (including changes in use of either quantity or type of energy)? Answer - NONE. Town Board Minutes Page 18 April 12, 2011 Question D - Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? Answer - NO. Question E - Is there, or is there likely to be, controversy related to potential adverse environmental impacts? Answer - NO. RESOLUTION #11-041 - MAKE NEGATIVE DECLARATION FOR SEQR PURPOSES MOVED by Supervisor Morey, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey WHEREAS, Richard Huber has completed Part One of the State Environmental Quality Review (SEQR) in regard to his application for a Junk Yard License, and WHEREAS, the Town Board pursuant to its completion of Part Two of the SEQR has determined that the Junk Yard will not result in any large or important impacts and consequently will not have a significant impact on the environment, now therefore be it RESOLVED, that the Town Board hereby makes a Negative Declaration for the purposes of SEQR. RESOLUTION #11-042 - APPROVE JUNK YARD APPLICATION MOVED by Councilman Gamel, seconded by Councilman Clark Ayes - Sovocool, Scheffler, Gamel, Clark, Morey RESOLVED, that the Town Board hereby approves Richard Huber's application for a Junk Yard License. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Scheffler, at 8:56pm. Unanimous. April L. Scheffler, RMC, Town Clerk