REGULAR MEETING

June 22, 2020

A regular meeting of the Town Board of the Town of Busti was held on Monday, June 22, 2020 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York and via HD meeting video or tele conference, with the following members present:

Supervisor Jesse M. Robbins

Councilman Todd Hanson

Councilman Jim Andrews

Councilman Paul Gustafson

Councilman Randy Sargent

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, Attorney Joel Seachrist, Chad Bugman, Conrad Bieloweicz, Paul Lavore, Nathan Rizzo, Adam Rizzo, Craig Knorp, Tom Anderson, Colin Anderson, Chris Guiffreda, Jack Knowlton, James Johnson, Kim Greyber, Jeff Uebelhoer, Cole Smith, Judy Greyber, Denny LaBarte, Tom Ferri, Sarah Uebelhoer, Jennifer Applebee, and Robert W. Smith; Melissa Spontaneo, Doug Brown, Denise Harvey, Matt Stafford, Aaron Kier, Tom and Rebecca Danielson, Ray Gordon, Ang and Diane Terrano, Kaitlin and Scott Ring, Drew Tracy, Tara Cotter, and Dave Gneiwicki.

All present practiced social distancing as advised under NYS PAUSE directive.

Jack Knowlton stated the sediment pond has begun to fill up with sludge. The original agreement stated the town and county would maintain the pond annually, including clearing any sludge buildup. He distributed pictures of the current situation and requested the town would schedule the maintenance soon. Highway Superintendent Melvin Peterson stated the town equipment is not able to reach the whole pond and the department normally uses equipment from the county. Currently the county highway department is closed due to the COVID 19 pandemic, Superintendent Peterson will contact the county when they reopen and request to schedule the use of their machinery.

Town Clerk Darlene Nygren reported she contacted Slone Melhuish Insurance regarding liability coverage for the Disc Golf course being installed at Lawson Park, agent Randy Graham confirmed the current liability policy covers the new course. Clerk Nygren noted she has been working on the reopening plan for the Administration office, using the template provided by Forward NY. She contacted Jamestown Glass Service LLC regarding installing additional tempered glass barriers at the counter in the Town Clerk’s office; the court has requested to have tempered glass panel, with a pass thru, at the clerk’s desk located in the courtroom. She received a quote of $600 for the Town Clerk’s office and $350 for the Court.

Councilman Hanson moved the following resolution which was duly moved by Councilman Andrews:

RESOLVED, the board accept the quotes from Jamestown Glass Service LLC to install additional tempered glass barriers at the counter in the Town Clerk’s office at a cost of $600 and a tempered glass panel with a pass thru at the Court Clerk’s desk located in the courtroom at a cost of $350.

Upon roll call vote, all aye, carried.

Supervisor Robbins stated residents should be given a grace period until August 31^st to purchase Transfer Station Stickers.

Superintendent Melvin Peterson distributed copies of New York State Department of Transportation CHIPS, PaveNY, and Extreme Winter Recovery Program Budget Proposals. He stated Governor Cuomo could reduce the budgets by 20% which would leave a total of $160,000. Superintendent Peterson noted several of the Highway Department employees will be taking the week after the 4^th of July off for vacation. He has contacted three companies regarding bids to remove stumps at the Bentley Cemetery.

Code Enforcement Officer, Jeff Swanson, reported he has been issuing a lot of building permits including three large scale residential permits.

Supervisor Robbins noted it was 7:00 p.m. and moved to open a Public Hearing regarding the adoption of

Local Law No. 3 of 2020 entitled “A Local Law Enacting a Moratorium on Commercial Solar Energy Facilities.”

The proposed law would adopt a moratorium on the consideration of any Commercial Solar Energy Facility by the Town until August 31, 2020, while the Town amends the existing land use regulations for such facilities.

Motion was duly moved by Councilman Andrews

All in favor, carried.

Proof of publication was placed on file.

Supervisor Robbins noted the public hearing was on establishing a Moratorium on Commercial Solar Energy Facilities, not on any applications received for such projects.

The following attendees stated they were in favor of Commercial Solar Energy Facilities being permitted in the Town of Busti: Conrad Bielowicz, Chad Bugman – PPP Future Development, Tom Anderson, Colin Anderson, Craig Knorp, and Chris Guiffreda.

The following attendees stated they were property owners near a proposed facility and were not in favor of such projects due to the view from their property, how it will affect the property value, and the personal/environmental safety: Cole Smith, Jeff Uebelhoer, Denny LaBarte, Jim Johnson, Kim & Judy Greyber. Mr. Greyber stated 170 individuals have signed a petition in opposition of such projects, they do not want the area to remain a country residential setting and not see it turned in to a commercial industrial project. He is in favor of the moratorium, asking the board to take their time with their decision to amend any regulations.

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 it was 7:16 p.m. and moved to open a Public Hearing regarding the adoption of

Local Law No. 2 of 2020 entitled “A Local Law Expanding the Highway-Commercial District.”

The proposed law would expand the Highway-Commercial District to the north side and 100’ back from Fairmount Avenue, running from Summit Avenue to the Village of Lakewood Line. The law would also permit grocery stores and similar retail outlets within the Highway-Commercial District.

Motion was duly moved by Councilman Sargent

All in favor, carried.

Proof of publication was placed on file.

Tom Danielson stated he was against changing the zoning district from Conservation Residential to Highway Commercial. He believes that changing the district would be “spot zoning”. He has no objection on the proposed business located at 4374 Fairmount Avenue but believes it should be permitted through a Special Use Permit. He is concerned with the type of businesses that would be allowed if this proposed business closed and the property was sold. Ray Gordon stated he wondered if the lot for the proposed business had been inspected for gas tanks. Leona Anderson stated her business, the Ice Cream Shake, operates under a Special Use Permit and did not understand why it was necessary to change the zoning district rather than issuing a Special Use Permit; she is also concerned with the drainage on the lot being developed and any future businesses that would be permitted in the area.

Attorney Seachrist noted the change was not “spot zoning” but rather rezoning a large area of parcels not a parcel within the current zoning district. The change in zoning district will have no effect on their property. The town board is changing the said area to Highway Commercial District to coincide with the district on the southside of Fairmount Avenue; allowing the current businesses in the area to operate under “Uses Permitted by Right”; and eliminate the need for Special Use Permits. Mr. Seachrist stated that drainage for the proposed building will be discussed through the building permit process.

Supervisor Robbins noted under the current zoning district the Ice Cream Shack is not an allowed use even with a Special Use Permit, however in 2000 a Special Use Permit was issued due to the length of time her business had been operating with no adverse comment; the Special Use Permit was renewed in 2003 noting “the business is a non-conforming use”. Copy Quick Printing is permitted to operate under a Special Use Permit as a “resident business”.

The former Hellman’s business was grandfathered in when the current zoning was established.

Robert Smith noted he lives across Fairmount Avenue from the said area, his concern is for the neighbors who would be affected by the change in zoning districts.

Supervisor Robbins noted it was 7:33 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 prepared and moved the following resolution.

RESOLUTION

Moved by Supervisor Robbins, seconded by Councilman Hanson:

WHEREAS, the Town of Busti has proposed Local Law No. 1 of 2020, which would expand the Highway Commercial (HC) District to the north side of Fairmount Avenue between Summit Avenue and the Village of Lakewood line, 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. 1 of 2020 and authorizes the Supervisor to complete Part III of the EAF accordingly.

Upon roll call vote, all aye, carried.

Discussion followed. Attorney Seachrist stated if the board chose to approve the change in district the current Conservation Residential District could be changed to include sale of groceries. If the district change is approved the Highway Commercial uses could be amended. Councilman Gustafson stated he was concerned with the aftermarket uses that could be permitted under the current Highway Commercial District uses and recommended the board review the allowed uses. Councilman Hanson state he was in favor of changing the district to match the businesses that are already in the area.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:

TOWN OF BUSTI

RESOLUTION TO ADOPT LOCAL LAW NO. 2 OF 2020

 

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Busti for a public hearing to be held by said Board on June 22, 2020 at the Town Hall, 125 Chautauqua Avenue, Lakewood, New York, and online, to hear all interested parties on a proposed Local Law to expand the Highway Commercial (HC) District to the north side of Fairmount Avenue between Summit Avenue and the Village of Lakewood line, and

WHEREAS, notice of said public hearing was duly published in the Jamestown Post-Journal and posted in the Town Clerk’s office, and

WHEREAS, said public hearing was duly held on June 22, 2020 at the said time and place and all parties in attendance in person and online were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and

WHEREAS, the County Planning Department by letter dated June 8, 2020, sent in response to a referral made pursuant to Section 239-m of the General Municipal Law, has advised that the proposed Local Law is of local option, and

WHEREAS, the Board has determined that the adoption of the local law is a Type I action for purposes of the State Environmental Quality Review Act, has prepared an Environmental Assessment Form, and has duly adopted a Negative Declaration finding that the proposed Local Law will not have significant adverse environmental impacts, and

WHEREAS, the Town Board, after due deliberation, finds it in the best interests of the Town to adopt said Local Law,

NOW, THEREFORE, the Town Board of the Town of Busti hereby adopts said Local Law as Local Law No. 2 of 2020, a copy of which is attached hereto and made a part hereof, and the Town Clerk hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Busti, and to give due notice of the adoption of the Local Law to the Secretary of State.

Upon roll call vote, all aye, carried.

The board asked the residents concerned about the change in zoning district to submit their concerns regarding the allowed uses in the Highway Commercial District to the them and they will present the concerns to the Comprehensive Plan Implementation Team.

Nathan and Adam Rizzo, Solar Liberties, shared an overview of the proposed Solar Array project located at S. Main Street and Garfield Road. They are aware the project area involves two zoning districts; there would be a need to cut several trees if the project were constructed only in the Conservation Agricultural district which they are trying to avoid. The system has a term of 25 years, will have screening and shielding and be 8 feet off the ground. It will supply energy to 1,500 – 2,000 homes with no geographical area. The project should increase the tax revenue of the town without increasing foot traffic. Solar Liberty has met with Chautauqua County IDA regarding a 15-year PILOT and mentioned the possibility of entering a HOST Community Agreement. They stated there is a limit of the number of Solar Farms permitted within certain square mile area of the power line and they believe this project would be the only one permitted in the Town of Busti. They will work with the Code Enforcement Officer to obtain all the necessary permits and predict the construction will be between 4 -6 months.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:

RESOLVED, the Town Board of the Town of Busti hereby adopts said Local Law as Local Law No. 3 of 2020, A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL SOLAR ENERGY FACILITIES,

a copy of which is attached hereto and made a part hereof, and the Town Clerk hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Busti, and to give due notice of the adoption of the Local Law to the Secretary of State.

TOWN OF BUSTI

LOCAL LAW NO. 3 FOR THE YEAR 2020

 

A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL 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 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 Solar Energy Facilities that are not Residential 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 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 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 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.

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 moratorium on applications or proceedings for applications for, the review of applications, or the issuance of approvals or permits for the construction of Commercial Solar Energy Facilities within the Town of Busti (the “Town”), lasting through August 31, 2020.

This moratorium will allow time for Town officials to review, clarify, amend, and update the Town’s Regulations for commercial solar development, particularly with regard to where such development may be located in the Town. 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.

Section 3.             Scope of Controls.

During the effective period of this Local Law:

1. Neither the Town Board, the Zoning Board of Appeals, 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 Solar Energy Facility within the Town.

1. 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 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 until August 31, 2020 starting 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 adopt changes to Local Law No. 4 of 2018 with regard to the siting, establishment and construction of Solar Energy Facilities; and

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 official tax maps of Chautauqua County 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:

382. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

382. 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.

1. 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 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

Supervisor Robbins appointed Councilman Hanson and Councilman Sargent to work with Attorney Joel Seachrist to review, clarify, amend, and update the Town’s Regulations for commercial solar development, particularly with regard to where such development may be located in the Town.

Councilman Gustafson and Jack Knowlton met and discussed the following list of maintenance needs for the town’s cemeteries:

Busti Cemetery – Section 4 Large dead pine tree (Nelson family wants removed)

A large dead tree along the back fence

South edge – a rotten tree, half has already fallen

Section 3 Near front large pines are separating more every year

Cross driveway by flagpole needs blocked off as cars have run over two stones

Driveway need potholes fixed

Bentley Cemetery – Driveway potholes

Southland Ave ditch needs to be piped

All stumps in creek area need to be removed, not covered, so area can be mowed

Wellman Cemetery – Driveway entrance has hole in pipe

Discussion followed. Superintendent Peterson noted the last two trees are on schedule to be removed. He and Jack Knowlton will develop a list of trees that need removed for a total bid.

Supervisor Robbins noted the total cost of the 2020 Herbicide application will be $34,600.66. He spoke with Chautauqua Lake & Watershed Management Alliance regarding funding the entire project which they felt could be done.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:

RESOLVED, to authorize Solitude Lake Management to proceed with the 2020 Herbicide Application as approved by NYS DEC with a proposed date of June 24, 2020.

Upon roll call vote, all aye, carried.

Supervisor Robbins noted he received confirmation from the City of Jamestown that Lisa Volpe has been appointed Assessor with a term ending in 2025 and New York State has verified she has met the minimum required qualifications for the position.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:

RESOLVED, Lisa Volpe be appointed as Assessor for the Town of Busti with a term ending in 2025.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Sargent:

RESOLVED, the Town of Busti renew their membership with Chautauqua Lake and Watershed Management Alliance effective July 1, 2020 through June 30, 2021; the Tier 2 Membership dues in the amount of $2,000 and payable on or before December 1, 2020.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved to set a public hearing pursuant to Sections 405.13(B)(4) and Section 405.27(G) of the Town of Busti Zoning Code on July 20^th, 2020 at 7:00 p.m. at the Town of Busti Administration Building, 125 Chautauqua Avenue, Lakewood, New York, on the application of William Sharples, 534 Delaware Road, Tonawanda, New York, for a Special Use Permit allowing him to construct a stand-alone accessory shed on a vacant lot at 967 Big Tree Road, which parcel is designated on the official tax map of the Town of Busti as Section 419.00, Block 1, and Lot 24. Motion was duly seconded by Councilman Hanson.

Upon roll call vote, all aye, carried.

Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:

RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 7 from warrant #312 to and including warrant #356 in the amount of $29,048.24.

Upon roll call vote, all aye, carried.

Supervisor Robbins motioned to accept the June 1, 2020 Regular Town Board minutes; motion was duly moved by Councilman Gustafson.

All in favor, carried.

Jack Knowlton reported 403 incidents year to date for Lakewood Fire Department. The department has transported a couple COVID patients, following the proper procedures to ensure the safety and protection of the department and others.

Supervisor Robbins moved to adjourn the regular meeting at 8:28 p.m. which was duly moved by Councilman Andrews.

All in favor, carried.

RespectfullySubmitted,

­­­­­­­­­________________________________

Darlene H. Nygren, Town Clerk