REGULAR MEETING
May 21, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, May 21, 2018 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York with the following members present:
Supervisor Jesse M. Robbins
Councilman Jim Andrews
Councilman Todd Hanson
Councilman Kenneth Lawton
Councilman Rudy Mueller
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting were: Highway Superintendent Melvin Peterson, Busti Lakewood Police Chief John Bentley, Attorney Joel Seachrist, Code Enforcement Officer Jeff Swanson, Jim Wehrfritz, Mike Latone, Greg Turner, John Bulmer, Lorraine Turner, Bruce Carlson, Karen Rine, Dave Wordelmann, Steve Peterson, Ellen Barnes, Kevin DiLuca, Ray Ayers, Randy Smith, Jack Knowlton, Erin Brickley, Tamara Miles, Martha Peterson, Lo Golando, Karin Josephson, Eric Anderson, Don E. Anderson, Peter Beeson, Dave Bargar, Village of Lakewood Mayor Cara Birittieri, and Village of Lakewood Trustee Ted McCague.
Town Clerk Darlene Nygren reported the County Tax Department issued a Certificate of Satisfaction to the Town of Busti for the 2018 County Town tax collection. A check in the amount of $8,904 was paid from the Tax Collector account to the Town Supervisor, which included funds collected from penalties, late notices, and interest earned. Transfer Station Sticker renewal applications will be mailed out the week of June 4th. The Town Clerk office will close at 3 p.m. on Thursday, May 24th due to the Board of Assessment Review hearings. Town Board members were given copies of material covered at the recent Local Government training regarding the Justice Court and Justice Court Clerks. Town Clerk Nygren noted the town is required to submit an agreement, signed by the Town Supervisor, with National Grid before they hang flags on the National Grid poles.
Supervisor Robbins motioned the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti submit a proposed agreement to National Grid in consideration of your permitting the Town of Busti to attach street decorations to your electric poles.
Upon roll call vote, all aye, carried.
Chief John Bentley reported the department has had 3,470 incidents ytd and 344 incidents since the last board meeting.
Highway Superintendent Melvin Peterson reported the department has been busy patching roads, ditching, installing front lawn pipes, and cleaning sidewalks. A number of highway employees will be on vacation next week.
Code Enforcement Officer Jeff Swanson reported he has been busy with permits and property maintenance. New York State will soon be requiring Energy Codes on all building applications.
Jack Knowlton reported Lakewood Fire Department has had 319 incidents ytd and had 35 incidents in the last 13 days.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
TOWN OF BUSTI
RESOLUTION AUTHORIZING LED STREET LIGHT CONVERSION
WHEREAS, National Grid offers a program to convert high pressure sodium streetlights to more efficient light emitting diode (LED) fixtures, and
WHEREAS, the Town of Busti was the first town west of the Hudson River to be recognized by NYSERDA as a “Clean Energy Community” and the Town’s Comprehensive Plan recommends further energy conservation measures, and
WHEREAS, the conversion of the Town’s streetlights to LED technology will result in significant savings to the Town,
NOW, THEREFORE, BE IT
RESOLVED, the Town Board hereby authorizes National Grid to convert the existing roadway fixtures to LED fixtures as listed for each location shown on a list provided by the Town to National Grid; and be it further
RESOLVED, the Town will pay National Grid the estimated Net Book Value of $70.87 per unit for the current streetlights, with the final actual charge to be determined on or about June 30, 2018; and be it further
RESOLVED, the Town Supervisor is hereby authorized to execute any and all agreements and documents related to the conversion project, subject to the final approval of counsel as to form.
Upon roll call vote, all aye, carried.
Councilman Hanson presented the final Solar Liberty proposals to purchase and install Roof Mounted Solar Panel Systems on the Highway Garage and the Administration Building. The proposal for the Highway Garage is $34,234.20 with a NYSERDA NY-SUN incentive of $5,791.50, the final system cost = $28,442.70. The proposal for the Administration Building is $91,119.60, with a NYSERDA NY-SUN incentive of $17,523.00, the final cost = $73,596.60.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti accept the Solar Liberty proposals to purchase and install Roof Mounted Solar Panel Systems on the Highway Garage and the Administration Building. The net cost for the Highway Garage is $28,442.70 and the Administration Building is $73,596.60. These costs will be offset by the $100,000 Clean Energy Grant through NYSERDA.
Upon roll call vote, all aye, carried.
Supervisor Robbins reported the Town of Busti has been awarded a Chautauqua Region Community Foundation – Community Service Grant in the amount of $3,000 to assist with the Loomis Park Concession Stand Phase 2.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti accept and agree to the terms of the Community Region Community Foundation Community Service Grant in the amount of $3,000.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the May 21, 2018 Regular Town Board minutes, motion was duly moved.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Lawton:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 6 from warrant #279 to and including warrant #311 in the amount of $38,340.18.
Upon roll call vote, all aye, carried.
Councilman Lawton noted Governor Cuomo announced $100 Million is available to fund Clean Air and Alternative Transportation Projects. The LoCo Trail project would qualify to be an applicant with an 80/20 match. Councilman Lawton will investigate the funding further.
Supervisor Robbins noted the Memorial Day Parades are scheduled as follows: Busti – step off will be at 9 am from the Busti Tap House and Lakewood – step off will be at 10:45 am from SWCS.
Supervisor Robbins noted it was 7:00 p.m. and time to open a Public Hearing pursuant to that Local Law No. 1 of 2018 entitled “A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL WIND AND SOLAR ENERGY FACILITIES”.
All aye, carried
Proof of publication was placed on file.
No one present spoke regarding the proposed law.
Supervisor Robbins noted it was 7:01 p.m. and the public hearing was closed.
All aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti pass Local Law 2018-1 entitled “A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL WIND AND SOLAR ENERGY FACILITIES” as drafted:
TOWN OF BUSTI
LOCAL LAW NO. 1 FOR THE YEAR 2018
A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL WIND AND SOLAR ENERGY FACILITIES
Section 1. Enactment and Title.
The Town Board of the Town of Busti does hereby enact the Town of Busti Moratorium on Commercial Wind and Solar Energy Facilities Law. This Local Law shall impose a moratorium on applications or proceedings for applications for, the review of applications for, or the issuance of approvals or permits for the construction of any Commercial Wind or Solar Energy Facilities that are not Residential Wind and Solar Energy Installations, within the Town of Busti.
The capitalized terms in the foregoing sentence, and as used throughout this local law, shall have the following meanings ascribed to them:
Commercial Wind Energy Facilities- Any individual or collection of Wind Turbine Generators designed to convert the kinetic energy in wind into a usable form of electricity, and any and all related infrastructure, electrical lines, substations, access roads and accessory structures that cover more than ¼ acre of land, which are designed with the intent of producing electricity to be consumed off site.
Commercial Solar Energy Facilities- Any collection of solar panels which are designed to capture photons or sunlight and transform it into electricity and any and all related infrastructure, electrical lines, substations, access roads and accessory structures that cover more than ¼ acre of land, which are designed with the intent of producing electricity to be consumed off site.
Residential Wind Energy Installations- Any wind turbine generator consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW, and which is primarily intended to reduce consumption of utility power at that location and requires less than ¼ acre of land.
Residential Solar Energy Installations- Any collection of solar panels which are designated to capture sunlight and transform it into electricity and requires less than ¼ acre of land.
Residential Wind and Solar Energy Installations shall also include, for purposes of this local law, all traditional agricultural uses and alternative agricultural energy uses that are intended to principally generate power for the agricultural enterprise when located within a designated Agriculture District, or as otherwise protected or recognized under New York State Agriculture and Markets Law Article 25-AA, including, without limitation § 305(3), § 305(4) and § 305-a therein, and all implementing regulations and rules, and further including policies therein implemented and hereby adopted relative to supporting traditional and generally acceptable farming practices, further including but not limited to heat recovery from composting systems, biogas recovery systems, anaerobic digester gas-to-electricity systems, and other alternative energy systems that significantly support or advance agriculture and agribusinesses within the Town and its Agricultural Districts.
Applicant- All landowners and all those claiming through or on behalf of the owner(s), whether by license, lease, easement, contract, or by owner’s designation as an agent for purposes of making any application or any land use review or approval, whether for a permit or otherwise. The capitalized terms in the foregoing sentence, and as used throughout this local law, shall have the following meanings ascribed to them:
Section 2. Authorization, Purpose and Intent.
Pursuant to the authority and provisions of the New York State Constitution, and Section 10 of the Municipal Home Rule Law, and the statutory powers vested in the Town of Busti to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board (the “Board”) of the Town of Busti hereby declares a twelve (12) month moratorium on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Commercial Wind Energy Facilities or Commercial Solar Energy Facilities within the Town of Busti (the “Town”).
This moratorium will allow time for Town officials to review, clarify, amend, and update the Town’s Regulations for commercial wind and solar development. Additionally, this moratorium will allow the Town to adopt such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Town and its citizens.
The Town has determined that recent technological advances in the manufacture and construction of renewable energy generators render it necessary and advisable to reevaluate terms, requirements and conditions currently enacted or missing in Town of Busti renewable energy development land use regulations pertaining to Commercial Wind Energy Facilities and Commercial Solar Energy Facilities. The Town Board desires to address, in a careful manner, the establishment, placement, construction, and development of Commercial Wind Energy Facilities and Commercial Solar Energy Facilities through a comprehensive and up-to-date review of wind and solar energy facilities and their effects on land use, orderly and planned development, and the public welfare.
Section 3. Scope of Controls.
During the effective period of this Local Law:
A. Neither the Town Board nor the Planning Board shall conduct any review or consider or grant any special permit or other approval that will result in the approval, establishment or construction of any Commercial Wind Energy Facility or Commercial Solar Energy Facility within the Town.
B. To the extent permitted by law, this moratorium shall supersede all relevant provisions of the New York State Town Law, the New York State Building Code, any relevant Town local law and any other applicable law, rule or regulation, that may be in conflict herewith. If any ambiguity or conflict exists, this local law shall govern and the presumption shall in each case be that the moratorium is in effect.
Section 4. No Consideration of New, Revised, or Renewal Applications.
No new, revised, or renewal applications shall be accepted for filing, review, or consideration, and no site plans, authorizations, special permits, permits, building permits, variances, waivers or other approvals that purport to allow or advance the development, siting, or construction of any Commercial Wind Energy Facility or any Commercial Solar Energy Facility shall be undertaken, reviewed, considered or issued by any board, officer, employee or agent of the Town, except as specifically set forth in Section 10 of this local law. Nor shall any language or term in this moratorium effect, or be construed to result
in, any default approval, and any matter now pending shall be stayed in place during the pendency of this moratorium, with all deadlines or other timelines suspended for the same number of days that this moratorium is in effect.”
Section 5. Term.
The moratorium imposed by this Local Law shall be in effect for a period of twelve (12) months from the effective date of this Local Law. This moratorium may be extended, or rescinded or removed, by local law.
During the period of this moratorium the Town shall endeavor to:
A. Adopt a comprehensive set of regulations for the siting, establishment and construction of Solar Energy Facilities; and
B. Update existing regulations for the siting, establishment and construction of Commercial Wind Energy Facilities
Section 6. Location.
The moratorium imposed by this Local Law shall apply to the territorial limits of the Town of Busti. Any dispute as to whether a property is encompassed within the geographic area detailed above shall be resolved by reference to the Tompkins County Office of Assessment and the official New York corporate boundary maps for the Town of Busti.
Section 7. Penalties.
The following provisions shall apply generally, and the violation of this Local Law shall allow and permit enforcement in any one or more of the following manners:
A. When any term, provision, or requirement of this Local Law is violated the Enforcement Officer may issue a written notice of violation to the Applicant (or other Person in violation hereof). The notice of violation shall contain; (i) the name and address of the Person alleged to have violated this Local Law; (ii) the address, when available, or a description of the building, structure or parcel upon which the violation occurred or is occurring; (iii) a brief statement specifying the nature of the violation; (iv) a statement of the fine or penalty that may or could be assessed against any Person to whom the notice of violation is directed; and (v) a clear statement identifying whether the notice commences or may commence a civil or criminal proceeding. The failure to comply with a written notice of violation by correcting the violation is in itself a separate violation of this Local Law and may be further enforced as such. In addition, Executive Law § 382 may be duly enforced separately from any such notice, and both notices may take the form of a single notice which must, in addition to the above, contain the information and be served as required by said § 382.
B. The Enforcement Officer may issue stop work orders for violations of this Local Law. Any Person receiving a stop work order shall be required to halt all clearing, grading, construction, and any other or related activities, until the Enforcement Officer or a court of competent jurisdiction allows work to re-commence.
C. Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with, restrain by injunction the violation of any provision or requirement of this Local Law, including to prevent, enjoin, correct, enforce, or abate any violation of, or non-conformance with, any provision or requirement
of this local law or the terms and conditions set forth in any waiver or approval issued hereunder. In any such proceeding the Town shall not be required to: (i) prove the lack of an adequate remedy at law; or (ii) to post a bond or other undertaking as a condition or requirement for any preliminary, interim, or permanent restraining order or injunction. No such action or proceeding shall be commenced without the appropriate authorization from the Town Board.
D. This Local Law may be enforced civilly or criminally by seeking fines, penalties, and like punishments to deter future violations and sanction offenders. All provisions of New York law and process generally applicable to misdemeanors shall apply to any criminal proceeding brought upon any violations of this Local Law, including for purposes of conferring jurisdiction. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law:
1. For a first offense, any Person that violates any of the provisions of this Local Law shall be (i) guilty of a violation and subject to a fine of not more than $500, or (ii) subject to a civil penalty of not more than $500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue.
2. For a second offense, being any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any violation of this Local Law, a Person shall be (i) guilty of an unclassified misdemeanor and subject to a fine of not more than $2,500, or (2) subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue.
3. The above fines are in addition to any penalty, fine, or sentence allowed or imposable pursuant to said Executive Law § 382.
E. Upon any violation of this Local Law by an Applicant or any Person, the Town may, and the Enforcement Officer shall, decline and refuse to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval until the Applicant or Person rectifies and cures such violation.
F. Any Person violating this Local Law may be required to restore land to its prior or undisturbed condition. If restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court or tribunal of competent jurisdiction, to recover the costs of such restoration.
G. For purposes of this Local Law the Justice Court of the Town is hereby vested and imbued with jurisdiction to: (i) issue administrative or other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York; and (ii) hear and adjudicate allegations relating to the criminal or civil violation of this Local Law and to thereafter, if appropriate, impose any fine, penalty, or sanction.
H. Criminal matters arising in relation to enforcement matters under this local law shall be and be classified as offenses per the following guidelines: (i) first offenses shall be deemed violations; (ii) second offenses shall be deemed unclassified misdemeanors; and (iii) violations of Executive Law § 382 shall be classified as set forth by New York State in such § 382.
I. No remedy or penalty specified in this local law shall be the exclusive remedy available to the Town to address any violation of, or non-compliance with, the requirements of this local law. The rights and remedies of the Town are independent of each other and cumulative. The grant of any right or remedy in this Local Law is in addition to, and not in limitation of or in substitution for any other right or remedy of the Town, whether sounding in law, equity, or admiralty. Further, the election by the Town of any one right or remedy does not forestall or prevent the simultaneous or future election of any other right or remedy, whether relating to enforcement, sentencing, or otherwise.
Section 8. Exemptions and Non-Conforming Uses.
Notwithstanding any provision hereof to the contrary, any Commercial Solar Energy Facility or Commercial Wind Energy Facility that has already been issued all necessary approvals or permits from the Town Board or the Planning Board (the “Town Approvals”) may continue such projects and such support activities that are being conducted in the Town as of the effective date of this Local Law, so long as such supporting activities are in all respects being conducted in accordance with all applicable laws and regulations and any conditions of approval, including all Town Approvals. Such limited right to proceed when Town Approvals have been issued shall include the right to apply for and obtain a building permit, so long as the same is or are in conformance with any existing Town Approvals.
Any expansion of a lawful, pre-existing, non-conforming use shall not be grandfathered under this Section and instead shall in all respects be prohibited as contemplated by Section 3 hereof. “Grandfathered” and allowed lawful pre-existing uses neither have nor possess any right to expand such non-conforming use whether above or below ground, and no such right shall be deemed, construed, or implied to exist.
Section 9. Validity.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.
Section 10. Hardship.
The Town Board of the Town is hereby authorized to accept and review (after public notice and hearing and in accordance with the requirements of law and of this Local Law) requests for a waiver application of the provisions of this Local Law by persons aggrieved hereby.
No such waiver shall be granted by the Town Board without a showing by the Applicant that applicable regulations and restrictions have caused unnecessary hardship.
A. Unnecessary Hardship. In order to prove such unnecessary hardship the Applicant is required to demonstrate to the Town Board that, with respect to every permitted use under Town land use, each of the following four criteria is satisfied: (i) the Applicant cannot realize a reasonable return on the entire parcel of property, and such lack of return is substantial as demonstrated by competent financial evidence; (ii) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (iii) the neighborhood; and (iv) the alleged hardship has not been self-created.
B. Reasonable Rate of Return. In evaluating whether the Applicant can realize a reasonable rate of return, the Town Board must examine whether the entire original or expanded property holdings of the Applicant are incapable of producing a reasonable rate of return (and not just the site of the proposed development project). No waiver shall be granted unless, in addition to satisfying all other applicable provisions of law and this Law, the Town Board finds that the Applicant has clearly demonstrated by detailed “dollar and cents” proof, the inability to obtain a reasonable return for the entire parcel (and not just the site of the proposed project) and for each and every permitted use in the area of the Town the property is located.
C.
Unique Hardship. No waiver shall be granted unless, in addition to satisfying all other applicable provisions of the law and this Law, the Town Board finds that the entire parcel of which the project is a part possesses unique characteristics that distinguish it from other properties in the area.
D. Essential Character of the Neighborhood. In making its determination, of whether the proposed development project will alter the essential character of the neighborhood, the Town Board shall take into account factors that are of vital importance to the citizens of the Town including without limitation: (i) the rural residential and agricultural character of the Town, (ii) its irreplaceable recreation, historic, and tourism sites, (iii) the extent of hazard to life, limb or property may result from the proposed development project, (iv) health impacts, (v) the social and economic impacts of traffic congestion, noise, dust, odors, emissions, solid waste generation and other nuisances, (vi) the impact on property values, and (viii) whether the Applicant will engage in the type of development that will result in degradation to the air quality, water quality or scenic or other natural resources of the Town. In order to find that the proposed development project does not alter the essential character of the neighborhood, the Board shall interpret the public interest in said essential character of the neighborhood to require, at a minimum, that the project will not do any of the following: (x) pose a threat to the public safety, including public health, water quality or air quality, (y) cause an extraordinary public expense, or (z) create a nuisance.
E. Self-Created Hardship. The Town Board may find that the Applicant suffers from a self-created hardship in the event that the Board finds that (i) the Applicant’s inability to obtain a reasonable return on the property as a whole results from having paid too much or from a poor investment decision; (ii) the Applicant previously divided the property and is left with only a portion which suffers from some unique conditions for which relief is sought and which did not apply to the parcel as a whole; (iii) when the Applicant purchased the property, he or she knew or should have known the property was subject to the land use restrictions; or (iv) that the Applicant transferred or obtained property rights with only a unilateral expectation of development or investment character, and it shall be material to this question to examine the degree to which opposed to in fee (actual acquisition of fee simple title), and whether the anticipated income, profits, or receipts were conditional, contingent, or guaranteed.
If the Town Board grants a waiver from the provisions of this Local Law to the Applicant, the Applicant shall be required to comply with all provisions of the Town’s then applicable land use regulations and other laws and regulations, together with any amendments to such law or regulations which may be enacted during the term of this Local Law. Any waiver that is granted shall grant only the minimum waiver that the Town Boards deems necessary and adequate to address the unnecessary hardship proven by the Applicant, and at the same time preserve and protect the character of the neighborhood and health, safety, and welfare of the community.
Section 11. Effective Date.
This Local Law shall take effect immediately.
Upon roll call vote, all aye, carried.
Residents present shared their concern with the wording in the proposed Agritourism Business Special Use Permit in Section 1. b. that reads “The parking lots shall be designed to encourage entry and exit onto Baker Street and appropriate signage shall be used to discourage traffic on Trask Road;”
Discussion followed. The said wording will be changed to read “The parking lots shall be designed to enter from and exit to Baker Street and appropriate directional signage shall be used to discourage traffic on Trask Road except in cases of emergency;”
Attorney Joel Seachrist reviewed the Short Environmental Assessment Form and noted based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Attorney Seachrist reviewed the State Environmental Quality Review Negative Declaration Notice of Determination of Non-Significance that states that the proposed Special Use Permit for Agritourism Use will not have a significant environmental impact.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLUTION
WHEREAS, Jason Genberg and Eric Anderson (hereinafter, the “Applicants”) has submitted an application to operate an agritourism business on a 53 acre parcel at the corner of Baker Street and Trask Road, on a parcel designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 6.1, and
WHEREAS, the proposed use has been subject to environmental review pursuant to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), including the preparation and review of a short Environmental Assessment Form, and
WHEREAS, Part 617 of the implementing regulations pertaining to the State Environmental Quality Review Act requires this Board to determine and give notice of the environmental impact of the proposed use, and
WHEREAS, the Board has determined that the proposed use will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves Parts I and II of the Environmental Assessment Form, issues the attached Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed use, and authorizes the Supervisor to complete and sign the Environmental Assessment Form accordingly.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti Town Board approve the Special Use Permit, as amended, of Jason Genberg and Eric Anderson to conduct an Agritourism Business located at the corner of Baker Street and Trask Road, designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 6.1.
Upon roll call vote, all aye, carried.
The Town Board reviewed and discussed the proposed Building/Zoning Schedule of Fees.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the town adopt the Building/Zoning Schedule of Fees as presented which will replace the current Building/Zoning Schedule of Fees.
TOWN OF BUSTI
BUILDING/ZONING SCHEDULE OF FEES
BUILDING PERMITS FEE SCHEDULE
RESIDENTIAL
NEW RESIDENTIAL
0 – 1499 SQ. FEET $350.00
1,500 – 2,999 SQ. FEET $550.00
3,000 SQ. FEET AND ABOVE $750.00
*DUPLICATE / RE-ISSUED CERTFICATE OF OCCUPANCY / COMPLIANCE $25.00
ADDITIONS ALTERATIONS
0 – 199 SQ. FEET $50.00
200 – 899 SQ. FEET $100.00
900 SQ. FEET AND ABOVE $150.00
GARAGES (NON-AGRICULTURAL)
0 – 500 SQ. FEET $100.00
501 – 1,000 SQ. FEET $200.00
1,000 SQ. FEET AND ABOVE $300.00
BARNS (NON – AGRICULTURAL)
145 – 250 SQ. FEET $50.00
251 – 1499 SQ. FEET $150.00
1,500 SQ. FEET AND ABOVE $200.00
SHEDS / STORAGE BUILDING
0 – 144 SQ. FEET $30.00
145 SQ. FEET AND ABOVE $50.00
RESIDENTIAL DECKS
0 – 200 SQ. FEET $30.00
201 – 500 SQ. FEET $60.00
501 SQ. FEET AND ABOVE $90.00
FENCES / RETAINING WALLS $30.00
RESIDENTIAL ROOF REPLACEMENT NO CHARGE
RESIDENTIAL SWIMMING POOLS/HOT TUBS/SPA – DEFINED AS: ANY STRUCTURE, BASIN, CHAMBER OR TANK WICH IS INTENDED FOR SWIMMING, DIVING, RECREATION BATHING OR WADING WICH CONTAINS, IS DESIGNED TO CONTAIN, OR IS CAPABLE OF CONTAINING MORE THAN 24” DEEP AT ANY POINT.
$50 ABOVE GROUND $100 IN GROUND
COMMERCIAL – INDUSTRIAL
NEW CONSTRUCTION / ALTERATION / ADDITIONS – FEES BASED ON PROJECT COST / VALUATION
Includes all plumbing, mechanical, electrical, water/sewer upgrades and improvements. Also includes any change of occupancy classification and/or change of use. Valuation will be based on the ICC.
BUILDING PERMIT FEE = MINIMUM CHARGE X SQ. FOOT CHARGE BASED ON TOTAL PROJECT VAULUATION
PROJECT COST CALCULATION TO DETERMINE FEES:
New Construction: Gross floor area x square foot construction cost**
Alterations: Construction cost shall be based upon the contract bid price or a sound estimate that in the contract bid price or a sound estimate that includes all fair market labor, material and equipment costs for building, electrical, plumbing, mechanical, fire prevention and energy. (If a contract bid price or sound estimate is not available, the fee shall be calculated based on the rate for new construction.)
**Square Foot Construction Cost Calculation:
Total square footage of construction x square foot construction cost from Building Valuation Table published by the ICC (International Code Council) bi-annually as an average construction cost. (To determine the appropriate square foot construction using the Building Valuation Table, determine the applicable building use group located in the left column and follow that row to the right over to the appropriate construction type column along the top of the table.)
Valuation Fee
$0.00 – $5000 $125.00
Within Industrial Parks $125.00
$5001 – $25,000 $150.00 + .20 per sq. foot
Within Industrial Parks $150.00 + .10 per sq. foot
$25,001 – $100,000 $175.00 + .20 per sq. foot
Within Industrial Parks $175.00 + .10 per sq. foot
$100,001 – $250,000 $300.00 + .20 per sq. foot
Within Industrial Parks $300.00 + .10 per sq. foot
$250,001 – $500,000 $500.00 + .25 per sq. foot
Within Industrial Parks $500.00 + .15 per sq. foot
$500,001 – $1,000,000 $1,000.00 + .25 per sq. foot
Within Industrial Parks $1,000.00 + .15 per sq. foot
$1,000,001 – $5,000,000 $4,000.00 + .25 per sq. foot
Within Industrial Parks $4,000.00 + .15 per sq. foot
$5,000,001 – Over $8,000.00 + .25 per sq. foot
Within Industrial Parks $8,000.00 + .15 per sq. foot
COMMERCIAL / INDUSTRIAL ROOF REPLACEMENT $35.00 + .02 PER SQ. FOOT
DEMOLITION / BILDING REMOVAL
RESIDENTIAL $100.00
COMERCIAL / INDUSTRIAL $200.00
NEW YORK STATE REQUIRED FIRE / SATEFTY INSPECTIONS
RESIDENTIAL HOUSING
UP TO 15 UNITS $100.00
16 UNITS OR MORE $200.00
COMMERCIAL / INDUSTIAL
0 – 5,000 SQ. FEET $50.00
5,001 – 14,99 SQ. FEET $100.00
15,000 SQ. FEET AND ABOVE $200.00
NEW YORK STATE REQUIRED OPERATING PERMIT $50.00
SIGNAGE
TEMPORARY 90-DAY PERMIT $50.00
PERMANENT SIGN 100 SQ. FEET OR LESS TOTAL BOTH FACES $100.00
PERMANENT SIGN 101 – 200 SQ. FEET TOTAL BOTH FACES $200.00
PERMANENT SIGN 201 SQ. FEET AND LARGER $250.00
PLANNING BOARD FUNCTIONS
SITE PLAN REVIEW $250.00
SITE PLAN REVISION $100.00
ZONING BOARD FUNCTIONS
RESIDENTIAL
AREA VARIANCES $75.00
SPECIAL USE PERMITS $150.00 NEW, $75.00 RENEWAL
ALL OTHER RESIDENTIAL MATERS $75.00
COMMERCIAL
AREA VARIANCES $300.00
SPECIAL USE PERMITS $300.00 NEW, $150.00 RENEWAL
ALL OTHER COMERCIAL MATTERS $300.00
USE VARIANCES $300.00
ZONING COMPLIANCE LETTER $50.00 + 25.00 PER HOUR FOR ANY
REQUIRED FILE RETRIEVAL/RESEARCH REQUIRED. MINIMUM CHARGE 1 HOUR
COMMUNICATION TOWER, SOLAR PANELS ABOVE 25 KW, WINDMILLS
VARIANCE AND/OR SPECIAL USE PERMIT $2,000.00, $200.00 RENEWAL
CODE VIOLATION PENALTIES AND FEES
PENALTIES
ZONING CODE VIOLATIONS FIRST OFFENSE $250.00 TO $350.00
SECOND OFFENSE $351.00 TO $750.00
(PER TOWN LAW § 268) THIRD OFEENSE $751.00 TO $1,000.00
EACH WEEK OF CONTINUED VIOLATION IS A SEPARATE, ADDITIONAL VIOLATION.
N.Y.S CODE VIOLATIONS NOT LESS THAN $100.00 & UP TO $1,000.00
PER DAY OF VIOLATION
VIOLATIONS OF TOWN OF BUSTI CODE §386 UP TO $100.00 PER VEHICLE PER DAY OR 15 DAYS
IMPRISONMENT, OR BOTH
UP TO $100.00 PER VEHICLE PER DAY CIVIL FINE
PLUS, TOWING AND STORAGE FEES AN POTENTIAL LOSS OF VEHICLE(S) IF UNCLAIMED.
BUILDING / DEMO WITHOUT PERMIT FEE
RESIDENT $100.00
CONTRACTER FIRST OFFENSE $500.00
(ALL FEES COLLECTED PRIOR TO BUILDING PERMIT ISSUANCE) SECOND OFFENSE $750.00
THIRD OFFRNSE $1,000.00
Upon roll call vote, all aye, carried
Supervisor Robbins presented a resolution proposing the application of herbicides to areas of Chautauqua Lake bordering the jurisdiction of the Town of Busti. Residents present voiced their opinions, both in favor and opposed, concerning the application of herbicides. Village of Lakewood Mayor Birrittieri stated the Village Board of Trustees met this afternoon regarding the application of herbicides and drafted a letter to the Town of Busti Town Board stating the board objects to the application of herbicides of any kind along or in front of the shoreline bordering the Village of Lakewood. Councilman Mueller inquired about the cost, when the application was scheduled, and where the funding would be coming from. Councilman Andrews noted the Village of Lakewood paid $500 to the Chautauqua Lake Partnership at the beginning of the DEC application process. Chautauqua Lake Partnership representative, Jim Wehrfritz, noted the cost of the application would be determined by the type of herbicides approved by the DEC; the acreage has been reduced from the original application; the herbicide application proposed date is the week of June 4th; there will be a series of water use restrictions; the public will be educated prior to the application; and stated there was incorrect information quoted in a recent Post Journal article and residents should be cautious of basing their decision on such information.
Attorney Joel Seachrist reviewed the resolution and noted that according to page 2 paragraph 5 the Town Supervisor is authorized to approve the permit, as approved by the DEC, without the need for further meetings or approvals by the Busti Town Board. Councilman Lawton thanked Chautauqua Lake Partnership for all their work on the herbicide application, he is concerned with the communication between the Village and the Town. Councilman Hanson stated he sees a trend of increase of taxes on lake property however the lake quality has declined. Supervisor Robbins stated the municipalities surrounding Chautauqua Lake depend on the revenue the lake brings in and would like to move forward with the herbicide application.
Councilman Lawton moved the following resolution which was duly moved by Supervisor Robbins:
TOWN OF BUSTI
The Town Board of the Town of Busti, New York, hereby resolves:
WHEREAS, the Busti Town Board is proposing to undertake the application of herbicides to areas of Chautauqua Lake bordering its jurisdiction and has applied for a permit from the New York State Department of Environmental Conservation (“NYSDEC”) to apply herbicides to areas of Chautauqua Lake bordering its jurisdiction; and
WHEREAS, the Town Board of the Town of Ellery, serving as Lead Agency in the State Environmental Quality Review Act (“SEQRA”) process, issued a final supplemental impact statement (“SEIS”) for the application of herbicides to target areas of Chautauqua Lake on April 5, 2018; and
WHEREAS, the Ellery Town Board, serving as Lead Agency, issued SEQRA Findings regarding the application of herbicides to Chautauqua Lake on April 17, 2018;
WHEREAS, as an Involved Agency in the SEQRA process, the Busti Town Board has the authority to issue SEQRA Findings that consider all relevant environmental impacts, facts, and conclusions disclosed in the SEIS; that weigh and balance the relevant environmental impacts with social, economic, and other considerations; that provide a rationale for the Town Council’s decision; that certify that the requirements of SEQRA have been met; and that certify that, among the reasonable alternatives available, the application of herbicides to areas of Chautauqua Lake bordering the Town of Busti’s jurisdiction avoids or minimizes adverse environmental impacts to the maximum extent practicable; and
WHEREAS, the Busti Town Board has considered all relevant environmental impacts, facts, and conclusions disclosed in the SEIS that are relevant to the application of herbicides to areas of Chautauqua Lake bordering the Town of Busti’s jurisdiction; has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; and has found that the SEIS has provided a rationale upon which the Town Board may rely in making any final decisions on whether to undertake the application of herbicides to target areas of Chautauqua Lake; and
WHEREAS, the Busti Town Board reviewed the Findings;
WHEREAS, the Busti Town Board, after reviewing the Findings, resolved (a) to certify that the requirements of SEQRA have been met; (b) to certify that, among the reasonable alternatives available, the proposed treatment plan and mitigations set forth in the SEIS regarding the application of herbicides to targeted areas of Chautauqua Lake avoid or minimize adverse environmental impacts to the maximum extent practicable; (c) to incorporate into this resolution by reference certain attached Findings; (d) to accept and issue the said Findings as its own; and (e) to provide the Findings issued by the Busti Town Board to all Involved and Interested Agencies (as those terms are defined in 6 NYCRR § 617.2) and interested parties;
WHEREAS, the Busti Town Board had previously reserved its decision on whether to undertake the application of herbicides to Chautauqua Lake until after receipt of relevant permits from the NYSDEC upon consideration of the SEIS, SEQRA Findings, and the permit requirements;
WHEREAS, on March 16, 2018, the Towns of Ellery, North Harmony, Busti and Ellicott, as well as the Village of Celeron, filed applications with the NYSDEC to allow the application of herbicides to areas of Chautauqua Lake bordering the jurisdictions of the Towns of Ellery, North Harmony, Busti and Ellicott, as well as the Village of Celeron;
WHEREAS, on May 15, 2018, the NYSDEC issued a Statement of Facts and permits (numbered AV92018-038, -039, and -040) to allow the application of herbicides to areas of Chautauqua Lake bordering the jurisdictions of the Towns of Ellery, North Harmony, Busti and Ellicott, as well as the Village of Celeron;
WHEREAS, the Busti Town Board understands that the NYSDEC is in the process of revising and reissuing these permits (and possibly additional permits) (collectively, the “Permits”) to make certain revisions and corrections to the original permits but that these Permits, as they may be revised, may not be available for review prior to the Busti Town Board meeting of May 21, 2018; and,
WHEREAS, in order to allow for the application of herbicides within the time frame(s) required by the NYSDEC, the Busti Town Board now desires to approve to undertake the application of herbicides to areas of Chautauqua Lake bordering the jurisdiction of the Town of Busti consistent with the permit applications filed on behalf of the Town of Busti, the SEQRA Findings and the permit requirements, contingent upon receipt of Permits, contracts and funding which are acceptable to the Town Supervisor, without the need for further meetings or approvals by the Busti Town Board;
We now RESOLVE, therefore:
• To allow the Town Supervisor, after issuance and review of Permits by the NYSDEC, to consider the SEIS, SEQRA Findings, and permit requirements, and contingent upon receipt and review of Permits, contracts and funding by the Town Supervisor, to approve the application of herbicides to areas of Chautauqua Lake bordering the jurisdiction of Town of Busti consistent with the permit applications filed on behalf of the Town of Busti, the SEQRA Findings and the permit requirements, contingent upon the receipt of Permits, contracts and funding acceptable to the Town Supervisor, without the need for further meetings or approvals by the Busti Town Board.
ADOPTED, this 21st day of May, 2018 at a meeting of the Town of Busti Town Board following a motion made by Councilman Kenneth Lawton and seconded by Supervisor Jesse Robbins, and accrued with the following Roll-Call vote:
Vote: Aye Nay
Supervisor Jesse Robbins X _____
Councilman Rudy Mueller __X__
Councilman Jim Andrews X _____
Councilman Todd Hanson X _____
Councilman Kenneth Lawton X _____
Carried
Erin Brickley, Executive Director, Chautauqua Lake & Watershed Management Alliance, Inc. presented Lakewood/Busti Stormwater Study: Alliance 2018 CFA Priority Recommendations. The project engineering firm, Barton & Loguidice, and Alliance staff both independently scored all six vetted Projects utilizing the Alliance DRAFT Multi-Criteria Analysis Tool. The rankings are as follows:
Project Title B&L Prioritization Scoring Ranking Alliance Prioritization Scoring Ranking
Chautauqua Ave
Green St Retrofit Tied #2 #1
Lowe Stomwater Park #1 Tied #2
Hillcrest Streambank
Restoration Tied #2 Tied #2
Rod & Gun Club
Constructed Wetland #4 Tied #4
Village & Town
Stormwater Swales #5 #6
Shadyside Ave Pond Retro
+ New Pond Construction #6 Tied #4
Ms. Brickley noted the Hillcrest and Shadyside projects would require being considered as a combined project and are being removed from the priority list. The Alliance recommendations for the Top 3 Priority Projects for 2018 CFA State Grant Funding: 1. Chautauqua Ave Green St Retrofit 2. Lowe Stormwater Park 3. Rod & Gun Constructed Wetland. Ms. Brickley reviewed the details of each project. Dave Wordelmann, Board of Directors President, Rod & Gun Club, noted the club had not been informed of their property being involved as a potential Stormwater project. Ms. Brickley stated she had spoken to Ed Caulkin regarding the project proposal. Mr. Wordelmann noted that any project proposal would require the Board of Directors approval and at this point the board is not interested in participating in the proposed project. Discussion followed regarding the remaining projects.
Supervisor Robbins moved to adjourn the meeting at 8:55 p.m. which was duly moved.
All in favor, carried.
Respectfully Submitted,
_________________________________
Darlene H. Nygren, Town Clerk