REGULAR MEETING
December 4, 2023
A regular meeting of the Town Board of the Town of Busti was held on Monday, December 4 2023, 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 Doug Brown
Councilman Paul Gustafson
Councilman Todd Hanson
Supervisor Robbins called the meeting to order, with the salute to the flag and a moment of silence was observed.
Present at the meeting in person: Highway Superintendent Greg Johnson, Code Enforcement Officer Jeff Swanson, Lakewood Busti Police Department Chief Chris DePonceau, Attorney Joel Seachrist, Mary Miller, Andrea DeStafano, Jean DeStafano, and Cam McSain.
Supervisor Robbins invited anyone from the public to speak. Mary Miller, Andrea DeStefano, and Jean DeStafano asked the board if there was any progress on monitoring nuisance cats. Each of them stated the neighboring cats are ruining their property by scratching posts, urinating in their landscaping, and crawling on the window/door screen. Councilman Brown stated he believed the Village of Falconer ordinance was developed by a private citizen. Discussion followed. Supervisor Robbins will contact Chautauqua County Health Department and Councilman Brown will reach out to Little Angels.
There were no further comments from the public.
Supervisor Robbins noted it was 7:00 p.m. and motioned to open the Public Hearing, regarding the application of Cameron McSain, 54 Hoover Rd, Rochester, New York for a Special Use Permit to have a 30’x40’ Stand-Alone Accessory building located at 1618 Trask Road. Said property is owned by him and known as Section 403.00, Block 2, and Lot 15 of the official tax map of the Town of Busti in the RA District, motion was duly moved by Councilman Hanson.
All in favor, carried
Proof of publication was placed on file.
No comment was made by the public.
Supervisor Robbins moved to close the Public Hearing at 7:04 p.m. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Mr. McSain stated the vacant lot is 30.9 acres and the 30’ x 40’ wooden pole barn building will be located 135 feet from Trask Road and 157.5 feet from the north boundary. It will have wood framing, trusses, and siding with a metal roof, and used to store recreational vehicles (ATV, jet ski, boat) year-round. Mr. McSain plans to build a house on the property in 2026.
Supervisor Robbins moved to adopt a negative declaration for the proposed project, motion was duly moved by Councilman Brown:
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Brown :
WHEREAS, Cameron McSain (hereinafter, the “Applicant”) has submitted an application to construct a stand-alone accessory building on a parcel owned by him at 1618 Trask Road, which is designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 15, 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.
Supervisor Robbins – aye
Councilman Brown – aye
Councilman Andrews – abstain
Councilman Hanson – aye
Councilman Gustafson – aye
Supervisor Robbins moved to approve the Special Use Permit to have a 30’x40’ Stand-Alone Accessory building located at 1618 Trask Road, motion was duly moved by Councilman Hanson.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Cameron McSain for a Special Use Permit to construct a stand-alone accessory building on a parcel owned by him at 1618 Trask Road, which is designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 15.
Resolution moved by: Supervisor Jesse Robbins
Seconded by: Councilman Todd Hanson
WHEREAS, Cameron McSain (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to construct a 30’ x 40’ stand-alone accessory building on a parcel owned by him at 1618 Trask Road, which is designated on the Chautauqua County tax map as Section 403.00, Block 2, Lot 15, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued after examination of the record and a public hearing, and
WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be heard at a public hearing held December 4, 2023 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for a Special Use Permit to construct a stand-alone accessory building (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
- The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code, which are as follows:
- The stand-alone structure permitted herein shall be used for storage only and not as a residence nor for any commercial use.
- The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the Town, except as otherwise herein noted.
- Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Westfield Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
- 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 5, 2023
Vote: Aye Nay
Supervisor Robbins X _____
Councilman Brown X _____
Councilman Andrews Abstain _____
Councilman Hanson X _____
Councilman Gustafson X _____
* * * * * *
The Applicant, Cameron McSain, agrees to abide by all the terms of this Special Use Permit.
Dated: December ___, 2023
_______________________________________
Cameron McSain
Town Clerk Darlene Nygren noted the Association of Towns will be holding a Chautauqua Regional Training titled “Conducting Organizational Meetings: What Towns Need to Know”; the training will be held at the Harbor Hotel on December 13, 2023 from 6:00 – 7:00 p.m. Clerk Nygren plans on attending and recommends any board member that is available attend as well. Clerk Nygren reported that she received notification that her appointment as “Registrar of Vital Statiscs” will expire at the end of 2023 along with Deputy Clerk Susan Huffman’s appointment as “Deputy Registrar of Vital Statistics”. She asked the board to consider reappointing both the Clerk and Deputy Clerk for another 4-year term, effective January 1, 2024. Clerk Nygren stated Code Enforcement Officers Jeff Swanson and Greg Sykes received notification that the 2024 FLOBOA Conference will be held March 11- 13, 2024 at the RIT Inn & Conference Center in Henrietta, NY and have asked for the board for approval to attend. She reported that she has been working with Slone Melhuish Insurance Agent Randy Graham on applications for quotes for 2024 Liability Insurance: Mr. Graham believes that the best option for the Liability Insurance will be with NYMIR however, he recommends that the town request bids from multiple agencies for the Cyber Liability Insurance. Lastly, Clerk Nygren reported the 2024 Budget has been submitted to the County Real Property Tax Dept; she is waiting for them to send a draft of what was input for the taxes. She and Supervisor Robbins will review the draft; once they approve and return it to the county, the county will send the file to Harris Mail & Print who will then print the bills and mail them out on January 4th. The first day of tax collection is Monday, January 8th.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti Town Board reappoint Town Clerk Darlene Nygren as Registrar of Vital Statistics and to reappoint Deputy Clerk Susan Huffman as Deputy Registrar of Vital Statistics effective January 1, 2024 for a term of 4 years.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, Code Enforcement Officers Jeff Swanson and Greg Sykes be authorized to attend the 2024 FLOBOA Conference will be held March 11- 13, 2024 at the RIT Inn & Conference Center in Henrietta, NY.
Upon roll call vote, all aye, carried.
Lakewood Busti Police Department Chief Chris DePonceau reported 753 calls from November 6th through December 4th, with a year to date total of 8,380. The incidents include 17 alarms, 21 animal complaints, 272 business checks, assisted other police departmetns 14 times & fire departments 8 times, 10 check to well being, 7 disorderly people, 10 larceny complaints, 16 motor vehicle accidents, 6 peace officer complaints, 84 property checks, 33 special details, 12 suspicious situations, 3 suspicious people, , 10 vehicle complaints, 38 vehicle stops, and 15 warrants – entered or served. The speed trailer has been put away for the year.
Highway Superintendent Greg Johnson reported the department started on shifts today; they are preparing for winter. He has been working to get an estimate of what the proposed addition cost will be. The new truck should be ready in the next couple of weeks. The recently purchased bucket truck is working well, they plan to put the old on up for bid. He would also like to put the hydroseeder up for bid along with a couple of other small things including a trailer. The brush hog has been ordered, Superintendent Johnson will meet with them on Wednesday to look it over. The department has had to replace several tires on the ten-wheelers.
Code Enforcement Officer Jeff Swanson reported Greg Sykes is in his last week of training for Code Enforcement. They are planning on going to Williamson Law in Rochester in January for training for Greg and refresher training for Jeff. He and Greg, along with Councilman Andrews and members from the Planning and Zoning Boards attended the recent training at JCC. There was a session on Short Term Rentals – the Dept of State is calling them a business but not giving any direction of regulations.
Attorney Seachrist noted the town received a letter from Mike Fogel, representing Solar Liberty, referring to the proposed South Main Street project. He is requesting the Town Board to rescind the Positive Declaration that they issued. Mr. Seachrist spoke with Drew Reilly, Wendel Engineering, regarding the letter; both he and Mr. Reilly agreed that there is no basis by which the board should rescind the Positive Declaration. Mr. Fogel suggested scheduling a meeting to discuss his request; Mr. Seachrist is fine with meeting with him with the understanding that they will not be discussing the Positive Declaration but will discuss Solar Liberty submitting the draft Scoping documents. The board asked Mr. Seachrist to send a letter responding to Mr. Fogel noting the items that he just discussed with the board.
Mr. Seachrist noted Solar Liberty understands they will be required to enter an escrow agreement and establish an escrow account with monies to pay the construction services with Wendel Engineering to assist with the Building Permit process. Solar Liberty will need to submit $30,000 for the escrow account and any expenses for the services from Wendel will be deducted from the balance of the escrow. Solar Liberty will submit all the documents to Wendel Engineering for their review, Wendel Engineering will then consult with Mr. Seachrist and CEO Swanson. Mr. Seachrist recommends the town hire an outside electrical inspector who is experienced with solar projects. CEO Swanson will contact the two electrical inspectors approved by the town to see if they are trained to perform an electrical inspection on large-scale solar projects.
Mr. Seachrist noted Supervisor Robbins received a request from Office of Renewal Energy Systems to schedule a meeting to discuss the York Run project. Mr. Seachrist spoke with Drew Reilly and inquired if this was a normal part of the process with the 94C solar systems and he said it is not. Mr. Reilly is speculating that this is something they are beginning. The board agreed that a meeting should be with the Supervisor, Attorney, and at least one councilman. Mr. Seachrist will send a letter responding to the request to meet that the meeting will need to include the Supervisor, Attorney, and at least one councilman. Mr. Seachrist stated that all the intervener funds must be processed through the attorney’s office. He will create a separate file for billing the intervener funds.
Discussion regarding setting a public hearing to amend the current Solar Law.
Supervisor Robbins noted it was 7:30 p.m. and motioned to open the Public Hearing, regarding the application of Mike Walters, 483 Big Tree Road, Jamestown, New York for a Special Use Permit to have a 24’x36’ Stand-Alone Accessory building located at Wellman Road. Said property is owned by him and known as Section 435.00, Block 2, and Lot 30.4 of the official tax map of the Town of Busti in the CA District, motion was duly moved by Councilman Andrews.
All in favor, carried
Proof of publication was placed on file.
No comment was made by the public.
Supervisor Robbins moved to close the Public Hearing at 7:34 p.m. Motion was duly moved by Councilman Hanson.
All in favor, carried.
Code Enforcement Officer Swanson stated Mr. Walters has said he intends to build a home on the said property and needs a place to store his roofing supplies for his business. Discussion followed.
Supervisor Robbins moved to adopt a negative declaration for the proposed project, motion was duly moved by Councilman Brown:
RESOLUTION
Moved by Supervisor Robbins, seconded by Councilman Brown :
WHEREAS, Mike Walters (hereinafter, the “Applicant”) has submitted an application to construct a stand-alone accessory building on a parcel owned by him at 425 Wellman Road, which is designated on the Chautauqua County tax map as Section 435.00, Block 2, Lot 30.4, 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 to approve the Special Use Permit to have a 24’x 36’ Stand-Alone Accessory building located at Wellman Road, motion was duly moved by Councilman Andrews.
TOWN OF BUSTI
SPECIAL USE PERMIT
Action of the Board:
To consider the application of Mike Walters for a Special Use Permit to construct a stand-alone accessory building on a parcel owned by him at 425 Wellman Road, which is designated on the Chautauqua County tax map as Section 435.00, Block 2, Lot 30.4.
Resolution moved by: Supervisor Robbins
Seconded by: Councilman Andrews
WHEREAS, Mike Walters (hereinafter, the “Applicant”) has requested a Special Use Permit authorizing him to construct a 24’ x 36’ stand-alone accessory building on a parcel owned by him at 425 Wellman Road, which is designated on the Chautauqua County tax map as Section 435.00, Block 2, Lot 30.4, and
WHEREAS, the issue of compliance with the State Environmental Quality Review Act has been addressed, and a Negative Declaration has been issued after examination of the record and a public hearing, and
WHEREAS, the Town Board has considered all the facts and papers before it, and has heard those wishing to be heard at a public hearing held December 4, 2023 and finds justification to approve the application subject to the qualifications hereinafter set out,
NOW, THEREFORE, BE IT RESOLVED, that the application for a Special Use Permit to construct a stand-alone accessory building (the “Use”), be and hereby is authorized and approved subject to the conditions and requirements hereinafter set out:
- The Applicant shall undertake the Use in accordance with application submitted to the Town, except as hereinafter modified, and agrees to be bound by the terms of the application, the conditions of this permit, and the Town of Busti Zoning Code, which are as follows:
- The stand-alone structure permitted herein shall be used for storage only and not as a residence nor for any commercial use; and
- All items to be stored on the property shall be kept inside the stand-alone building. There shall be no outside storage of vehicles, equipment, materials, or similar items.
- The terms, conditions, and requirements of this permit bind and obligate the Applicant, his successors, and assigns. This permit shall not be assigned or transferred, in whole or in part, without the prior written consent of the Town, except as otherwise herein noted.
- Any failure or omission on the part of the Applicant to carry out any condition or requirement herein or in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the Applicant, may subject them to the penalties therein. Continued violations after written notice may result in revocation of this Special Use Permit.
- This Special Use Permit shall become effective after the Applicant approves each and every provision hereof and agrees to be bound by all of the terms herein contained in consideration of the granting of this Special Use Permit.
Dated: December 4, 2023
Vote: Aye Nay
Supervisor Robbins X _____
Councilman Brown X _____
Councilman Andrews X _____
Councilman Hanson X _____
Councilman Gustafson X _____
* * * * * *
The Applicant, Mike Walters, agrees to abide by all the terms of this Special Use Permit.
Dated: December ___, 2023
_______________________________________
Mike Walters
Discussion regarding recommendations for changes to the Solar Law. The board agreed that all recommendations should be emailed or given in written form to Clerk Nygren and she will then compile the list and send them to Attorney Seachrist.
Attorney Seachrist stated that the Floodplain law was erroneously not included in the new Zoning Law. He recommends the board pass a Local Law in January to add the law to the Zoning.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, the Town of Busti Town Board set the following public hearings to be held on January 8, 2024;
at 7:15 p.m. regarding the adoption of Local Law No. 1 of 2024 entitled A LOCAL LAW AMENDING LOCAL LAW NO. 2 OF 2023 TO EXTEND A MORATORIUM ON COMMERCIAL SOLAR ENERGY FACILITIES WITHIN THE TOWN OF BUSTI and
at 7:20 p.m. regarding the adoption of Local Law No. 2 of 2024 entitled A LOCAL LAW ADOPTING FLOOD DAMAGE PREVENTION REGULATIONS and
at 7:25 p.m. regarding the adoption of Local Law No. 3 of 2024 entitled A LOCAL LAW ENACTING A MORATORIUM ON COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS and
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, the Town of Busti Town Board set a public hearing to be held on January 8, 2024 at 7:30 p.m. regarding the adoption of Local Law No. 3 of 2024 entitled A LOCAL LAW ENACTING A MORATORIUM ON WIND ENERGY CONVERSION SYSTEMS.
Upon roll call vote, all aye, carried.
Attorney Seachrist stated he is sending a Notice of Issue to the court tomorrow and then the judge will set a trial date.
Attorney Seachrist stated the town has a $9,000 lien against Bruce Johnson on his property located on Shadyside Road. Discussion followed what the next step would be.
Supervisor Robbins noted he talked to Andy Johnson regarding extending the 5 Corners Water Improvement District. Andy informed him that there is a $100,000 grant with 20% of town match for engineering. Councilman Hanson recommended the board ask Andy Johnson to submit a Request for Proposal for the project and the required engineering. Supervisor Robbins will contact Mr. Johnson regarding the matter.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Brown:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund and the Highway Fund, Abstract No. 12 from warrant #700 to and including warrant #772 in the amount of $352,172.15.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to accept the following minutes: November 6, 2023 Regular Meeting. Motion was duly moved by Councilman Gustafson.
All in favor, carried.
Councilman Andrews reported he attended the Southern Tier West training at JCC. The session on Short Term Rental; the state is providing direction for municipalities to establish regulations for operation and not offering any support.
Councilman Hanson inquired if the town received any response from the letters sent to property owners who needed to repair their canal walls. CEO Swanson noted a couple of the walls had already been repaired. CEO Swanson stated Greg Sykes had sent the letters out and he wasn’t sure if there was any response. He will check with Mr. Sykes and report back to the board.
Councilman Hanson asked if Clerk Nygren would send an updated list of the current ARPA fund report to the board.
Councilmen Gustafson, Brown, and Andrews stated they would like to attend the Association of Towns training on December 13, 2023.
The following reports and correspondence were presented to the board for their review:
Association of Towns – Chautauqua Regional Training – Organizational Meetings – December 13, 2023 at Harbor Hotel from 6:00 – 7:00 p.m.
Supervisor Report – September and October 2023
Town Clerk Report – November 2023
Building Permit – October and November 2023
Assessor Report – December 4, 2023
Zoning Board Minutes – November 13, 2023
Charter Communications – Charter Communications Notification November 30, 2023
Supervisor Robbins moved to adjourn the meeting at 8:10 p.m. motion was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted, __________________________
Darlene H. Nygren, Town Clerk