REGULAR MEETING
December 3, 2018
A regular meeting of the Town Board of the Town of Busti was held on Monday, December 3, 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 Rudy Mueller
Councilman Todd Hanson
Councilman Kenneth Lawton
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed, Supervisor Robbins asked those present to remember the family of George H. W. Bush, the 41st President of the United States.
Present at the meeting were: Highway Superintendent Melvin Peterson, LBPD Chief John Bentley, Busti FD Chief Matt Stafford, Sue Lane, Gene Swanson, and Post Journal Reporter – Eric Zavinski.
Clerk Darlene Nygren reported she has delivered the 2019 Town Budget to the Chautauqua County Real Property Tax Department. The tax department will be meeting with the County Municipal Clerk’s Association this week to finalize the collection dates. The Chautauqua County Municipal Clerks’ Assoc. collected items for Blue Star Moms along with $230 to help with the cost of postage, the items collected will be sent to area men and women who are serving in the Armed Forces. Clerk Nygren noted the Court Clerk received notice from the Office of Justice Court Support that effective January 1, 2019 there will be new mandatory training requirements for all Town & Village Court Clerks.
Chief John Bentley reported the department has handled 8,295 incidents ytd and 650 since his last report to the town board. The department responded to a report of a substantial burglary, a stolen car, and apprehended one suspect with 95% of the stolen property. Chief Bentley thanked Officer Reed for his role in the investigation, which is ongoing.
Highway Superintendent Melvin Peterson reported the department has been busy with the winter weather. They have repaired a couple damaged mailboxes and answered several phone calls regarding snow removal. Superintendent Peterson noted the department’s mini loader is now out of warranty. The equipment is two years old. He has spoken with the dealer, Liftech JCB, who has offered a trade for this year with billing for next year. The cost of the new loader is $70,425, with a trade in of $53,000 for the town’s mini loader, and net cost of $17,425.
Councilman Hanson moved the following resolution which was duly moved by Councilman Mueller:
RESOLVED, the Town of Busti accept the proposed offer from Liftech JCB to purchase a new loader valued at $70,425 with a trade in of the town’s two-year old loader value of $53,000, the net cost is $17,425. The new loader will be billed in January 2019.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted how nice the decorations in the triangle looked and thanked Randy Sargent for his work.
Busti Fire Department Chief Matt Stafford reported the department had 20 EMS, 6 Fire, 5 Motor Vehicle, and 1 service call: totaling 31 calls in November and 340 ytd, compared to 311 last year. Chief Stafford noted there are 11 interior firefighters in the department; the department’s insurance agent is working on a quote for the new required cancer insurance. The department has been following preventative precautions, for example all gear is required to be washed after any fire and wipes are supplied in all fire vehicles. The pager system continues to be an issue.
Supervisor Robbins noted Southwestern Soccer Club has requested use of Loomis Soccer Fields for the upcoming Spring, Summer, and Fall; the club has provided a Certificate of Insurance. Supervisor Robbins moved to authorize the club to use the fields as requested, motion was duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins moved the following resolution which was duly seconded by Councilman Hanson:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 17 from warrant #745 to and including warrant #775 in the amount of $288,659.30.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the November 19, 2018 Regular Town Board minutes, motion was duly moved by Councilman Andrews.
All in favor, carried.
Councilman Andrews noted John Jablonski, Executive Director, Chautauqua Watershed Conservancy, contacted him and would like to meet with the town board to discuss future stormwater management. Councilman Lawton noted he had been contacted, also, by Mr. Jablonski and suggested the board invite him to present his proposition at the next town board meeting.
Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing pursuant to Article 405.19 Highway Commercial District-B of the Zoning Code on the following:
The application of Gene Swanson of 108 Oakland Avenue, Lakewood, New York, for a Special Use Permit to operate a general automotive repair shop in the Highway Commercial District. The property is located at 4471 Chautauqua Boulevard, Lakewood, New York. Said property is known as Section 385.05, Block 5, and Lot 7 of the official tax map of the Town of Busti.
Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one from the public commented on the proposed Special Use Permit renewal.
Supervisor Robbins noted it was 7:01 p.m. and moved to close the public hearing, duly moved by Councilman Hanson.
All in favor, carried.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Gene Swanson to renew a Special Use Permit operate a General Automotive Repair Shop at 4471 Chautauqua Boulevard, on a parcel designated on the county tax map as Section 385.05, Block 5, Lot 7.
Resolution moved by: Supervisor Jesse Robbins
Seconded by: Councilman Rudy Mueller
RESOLVED, that the consideration for a special use permit have been met and that the application of Gene Swanson to operate a general automotive repair shop at 4471 Chautauqua Boulevard, Lakewood, New York, be approved under the following conditions:
FIRST, that signs be limited to the current signs.
SECOND, that the operation within the building goes on when the back door is closed.
THIRD, that there be no more than two inoperable automobiles located upon the property at any one time, those automobiles being located in front of the building, not in the back or either side of the building.
FOURTH, that there be no business carried on at the site after 10:00 p.m. and no earlier than 7:00 a.m.
The property is owned by him and known as Section 385.05, Block 5, and Lot 7 of the official tax map of the Town of Busti, the property is located in the Highway Commercial (HC) District.
This Special Use Permit shall become effective after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: December 3, 2018
Vote: Aye Nay
Supervisor Jesse Robbins X _____
Councilman Rudy Mueller X _____
Councilman Jim Andrews X _____
Councilman Todd Hanson X _____
Councilman Ken Lawton X _____
* * * * * *
The Applicant, Gene Swanson, agrees to abide by all the terms of this Special Use Permit.
Dated: December ___, 2018
_______________________________________
Gene Swanson
Councilman Hanson noted he and Town Clerk Nygren have been preparing the final workbook for the NYSERDA grant and hope to submit it this week.
Supervisor Robbins noted it was 7:05 p.m. and moved to open a Public Hearing, pursuant to Article 91-470-HC-2 and Article 91-600 of the Zoning Code of the Town of Busti on the following renewal proposition:
The application of Tom Carlson, 3350 Busti-Stillwater Road to renew a Special Use Permit to lease existing building for auto sales and repair station. The Property is located at 3343 Busti Stillwater Road, Jamestown, New York and is owned by him and known as Section 437.07 Block 1 Lot 21.2 of the official tax map of the Town of Busti.
Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one from the public commented on the proposed Special Use Permit renewal.
Supervisor Robbins noted it was 7:06 p.m. and moved to close the public hearing, duly moved by Councilman Hanson.
All in favor, carried.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Tom Carlson – Carlson’s Muffler & Brakes, to renew a Special Use Permit to operate an Auto Sales and Repair Station at 3343 Busti-Stillwater Road, on a parcel designated on the county tax map as Section 437.07, Block 1, Lot 21.1.
Resolution moved by: Supervisor Jesse Robbins
Seconded by: Councilman Ken Lawton
RESOLVED, that there be no exterior storage of auto parts and/or non-operable vehicles provided, however that up to five vehicles only be located within a building or behind a fence (or those showing visible body damage), and be it further
RESOLVED, that all vehicles that are located upon the premises for resale be positioned at least 85’ from the center of the highway known as County Route 28, and that there will be no more than fifteen cars for sale and/or not to exceed 20 cars outside on the premises at all times, with customers parking along the side of the building for aesthetic purposes.
BE IT FURTHER RESOLVED, that there be no sale of gasoline, diesel fuel and that only such lubricants and oils as are necessary to repair vehicles on the premises be allowed upon the premises.
Property is owned by Tom Carlson and known as Section 437.07 Block 1 Lot 21.1 of the official tax map of the Town of Busti.
This Special Use Permit shall become effective after the Applicant approves each and every provision hereof and agree to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: December 3, 2018
Vote: Aye Nay
Supervisor Jesse Robbins X _____
Councilman Rudy Mueller X _____
Councilman Jim Andrews X _____
Councilman Todd Hanson X _____
Councilman Ken Lawton X _____
* * * * * *
The Applicant, Tom Carlson, agrees to abide by all the terms of this Special Use Permit.
Dated: December ___, 2018
_______________________________________
Tom Carlson
Town Clerk noted she spoke with a National Grid regarding the additional streetlight on Cramar Drive near Chautauqua Chemicals. National Grid proposed two streetlights be installed one near the business and one at the dead end of Cramar Drive.
Supervisor Robbins moved the following resolution, which was duly moved by Councilman Hanson:
RESOLVED, National Grid be authorized to install two streetlights on Cramar Drive – one near the entrance of Chautauqua Chemicals and the other at the dead end of Cramar Drive.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted it was 7:15 p.m. and moved to open a Public Hearing regarding the adoption of Local Law No. 4 of 2018 entitled “A Local Law Enacting Regulations For Solar Energy Systems.”
The proposed local law would adopt regulations and a permitting process for the installation of solar energy systems. Small-scale systems would be permitted in all districts. Large-scale systems would be permitted in the Industrial, Conservation-Agricultural, and CAMP Districts subject to special use permit issued by the Town Board.
Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one from the public commented on the proposed law.
Supervisor Robbins noted it was 7:16 p.m. and moved to close the public hearing, duly moved by Councilman Hanson.
All in favor, carried.
Supervisor Robbins noted a SEQR had been completed and Negative Declaration prepared.
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Lawton:
WHEREAS, the Town of Busti has proposed Local Law No. 4 of 2018, which would regulate solar energy systems within the Town, and
WHEREAS, the proposed law 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 long 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 local law, and
WHEREAS, the Board has determined that the proposed law will not have a significant environmental impact,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby issues a Notice of Determination of Non-Significance, also known as a Negative Declaration, for the proposed Local Law No. 4 of 2018 and authorizes the Supervisor to complete Part III of the EAF accordingly.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town had not received a letter of recommendation from Chautauqua County Planning and therefore the board could not vote on the law tonight. The board discussed the law and recommended the following changes be made prior to approval:
1. Page 3 (a) Roof-mounted Systems [3] Aesthetics [a] change the word possible to practical
2. Page 6 (5) Solar Principal Use (a) [5] Vehicular Paths – should state the path needs to be accessible for Emergency Vehicles
3. Page 7 [12]Permit Time Frame and Abandonment [a] the board discussed changing the period of time being open ended rather than 12 months
4. Page 8 (b) Special Use Permit Application Requirements [4] change blueprints to Design drawings
[6] add a phrase stating the mowing, trimming, etc should be done in a manner to keep the area from becoming a hazard
(c) Special Use Permit Standards [3] there was discussion regarding the required fencing
Clerk Nygren will send the changes to Attorney Joel Seachrist.
Supervisor Robbins moved to adjourn the meeting at 7:31 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk