TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of the Regular Monthly Meeting of the Santa Clara Town Board held on Thursday August 8, 2019 Saranac Inn, NY Town Hall at 7:35 P.M.

Roll as follows for the Public Hearing and Regular Monthly Meeting:

    Present:
  • Marcel Webb - Supervisor
  • Richard Lyon - Councilman
  • John Murray - Councilman
  • Scott LaMay – Superintendent of Highways

    Absent:
  • Thomas Kimpton - Councilman
  • David Perry - Councilman

    Recording Secretary:
  • Laurie McGill - Town Clerk

Monthly meeting called to order at 7:35 P.M. by Supervisor Webb.

Motion by Rick Lyon, seconded by John Murray to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by John Murray, seconded by Rick Lyon to accept the minutes. All members voting Aye. Motion carried

RESOLUTION NO.: 11 OF 2019 Introduced By: Rick Lyon Seconded By: John Murray. RESOLUTION DETERMINING A SEQRA NEGATIVE DECLARATION AND ADOPTING PROPOSED LOCAL LAW No.: 2 OF 2019 AMENDING THE TOWN OF SANTA CLARA LAND USE LAW :

WHEREAS, the Santa Clara Town Board (the "Town Board") is considering adoption of a Local Law amending the Town’s Land Use Law to: revise Section 2.20 – “Definitions” as to the definitions of “Boathouse”, “Boundary Line Adjustment” and “Dock”, deleting Section 3.40 – “Adirondack Park Land Use and Development Plan Map”, amending Section 5.10 - “General Lot Regulations”, revising Section 7.35 – “Boathouses, Wharf, Dock or Pier”, amending Section 8.30 – “Non-conformity, Other Than Use”, revising Section 10.10 – “Boundary Line Adjustments”, amending Section 10.172 – “Plat Details”, and amending Section 3.20 to revise the official Town of Santa Clara Land Use Map to change the zoning of Tax Map Parcel number 453.3-1-1.300 from “Single-Family Dwelling 1.3 Acres (R-1.3)” to Single-Family Dwelling or Commercial 1.3 Acres (R-C-1.3), and
WHEREAS, the Town Board prepared proposed Local Law No. 2 of 2019 so amending the Land Use Law and its official Land Use Map; and
WHEREAS, the Town Board determined that adoption of the Local Law is an Unlisted Action under the State Environmental Quality Review Act (“SEQRA”) and prepared Part 1 of the SEQRA Short Environmental Assessment Form ("EAF"); and
WHEREAS, on August 8, 2019 the Town Board duly conducted a public hearing with respect to the proposed amendments after compliance with applicable notice requirements; and
WHEREAS, the Town Board, as Lead Agency, has reviewed and fully considered the proposed amendments to the Town’s Land Use Law, Part 1 of the EAF and any comments provided at the Public Hearing, and has completed Part 2 of the EAF by checking "No or small impact may occur" for all of the questions in Part 2; and
WHEREAS, the Town Board has taken a hard look at the potential environmental impacts of the Project by carefully considering them and thoroughly evaluating their potential significance; and
WHEREAS, the Town Board has determined that the Project will not result in any large or important impacts and, therefore, is one which will not have a significant adverse impact on the environment, and has indicated this determination by checking the appropriate box on Part 3 of the EAF;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby finds that adoption of the Local Law will not have a significant adverse impact on the environment and authorizes the filing of the EAF as a SEQRA Negative Declaration – Notice of Determination of Non-Significance with respect to the action; and be it
FURTHER RESOLVED, that the Town Board hereby adopts Local Law No: 2 of 2019 amending the Town’s Land Use Law and revising the official Town of Santa Clara Land Use Map, as outlined and summarized above, and be it
FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file Local Law 2 of 2019, in substantially the same form as hereby approved, with the New York Department of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing by the Department of State, and be it
FURTHER RESOLVED, that this Resolution shall take effect immediately.
The question of the adoption of this Resolution was duly put to a vote on roll call which resulted in votes by each Town Board member as follows:

ROLL CALL:
Ayes 3: Murray, Lyon, Webb
Nays 0
Absent 2: Kimpton, Perry

The Resolution was declared duly adopted by the Town Board.

RESOLUTION NO.: 12 OF 2019 Introduced By: Rick Lyon Seconded By: John Murray. LOCAL LAW 2 OF 2019 A LOCAL LAW AMENDING THE TOWN OF SANTA CLARA LAND USE CODE :
BE IT ENACTED BY THE SANTA CLARA TOWN BOARD AS FOLLOWS:

Section 1. Authority - This Local Law is adopted pursuant to New York Municipal Home Rule Law.

Section 2. Amendments - The Town of Santa Clara Land Use Code is amended as follows:
A. Section 2.20 entitled "DEFINITIONS" is amended as follows:
(1) The definition of "Boathouse" is amended to read as follows: Boathouse - A covered structure, with direct access from inside the boathouse, to a navigable body of water, (1) which is used only for the storage of boats and associated equipment and (2) which does not contain any bathroom, kitchen facilities, living quarters, bedrooms, plumbing or heating source or system.
(2) The definition of "Boundary Line Adjustment" is amended to read as follows:
Boundary Line Adjustment - A transfer of land from one lawfully existing lot to another lawfully existing adjacent lot intended to adjust the boundary line between the two lots and which meets all of the following conditions:
(i) The lots to be subjected to the proposed Boundary Line Adjustment share a common boundary line, not just a single point of contact.
(ii) Ownership of the area to be transferred (the "Boundary Line Adjustment Area") from the owner of one lot (the "Granting Parcel") to the owner of the adjacent lot (the "Receiving Parcel") will be conveyed by Deed or by a Boundary Line Adjustment Agreement.
(iii) The Boundary Line Adjustment Area will be legally merged, by the Deed or Boundary Line Adjustment Agreement, with and into and become an undivided part of the Receiving Parcel so that the transfer does not create an additional lot or parcel of land.
(iv) The transfer and merger would not cause a deficiency in required lot-size or other dimensional deficiency in the Granting Parcel that would cause it to become non-conforming in any way under the Town's Land Use Code.
(v) The transfer and merger would not violate or negate any condition(s) imposed in any previous approval granted by the Planning Board, Variance Board or Town Board with respect to the Granting Parcel and/or the, Receiving Parcel unless the Board which imposed such condition(s) first rescinds or modifies such condition(s) to be consistent with the requested Boundary Line Adjustment. Such rescission or modification shall be effective only if the requested Boundary Line Adjustment is subsequently approved by the Planning Board.
(3) The definition of "Dock" is amended to read as follows: Dock - Any horizontal platform-type structure (including but not limited to a wharf, pier or similar structure), fixed or floating and/or removable, on the shoreline, the principal, but not necessarily exclusive, use of which is the mooring of boats or other watercraft, for storing, loading or unloading.

B. Section 3.20, entitled "DISTRICT MAP", is amended by revising the official Town of Santa Clara Land Use Map to change the zone for Tax Map Parcel number 453.3-1-1.300 from Single Family Dwelling 1.3 Acres (R-1.3) to Single Family Dwelling or Commercial 1.3 Acres (R-C-1.3).

C. Section 3.40, entitled "ADIRONDACK PARK LAND USE AND DEVELOPMENT PLAN MAP", is deleted in its entirety.

D. Section 5.10, entitled "GENERAL LOT REGULATIONS", is amended as follows:
(1) The introductory text is amended to read as follows: Schedule of Dimensions - The dimensional restrictions and controls which regulate the intensity and density of land use within all districts are set forth in the following Table:
(2) The minimum front yard setbacks shown in the Table for the R-1- 3.2 and R-C-3.2 Districts are changed from 75 feet to 50 feet.

E. Section 7.35, entitled "Boathouses, Wharf, Dock or Pier" is amended to read as follows:

7.35 Boathouses, Docks, Decks, Wharves and Piers For every waterfront lot:
A. The maximum dimension of any individual boathouse, dock, deck, wharf or pier, or the total dimension of any combination of such structures, along the shoreline of the lot (such dimension being commonly referred to as the "width" of such boathouse, dock, deck, wharf or pier in relation to the shoreline) shall not exceed 15 of the width of the shoreline of the lot. The width of the lot shall be as measured from lot sideline to lot sideline along the mean high water line, as such line is determined by the APA and/or DEC or in relation to any reference point(s) established by either or both of them. If DEC and APA have established different mean high water marks or lines for the subject body of water, the lot width shall be measured along the higher of such marks or lines. No boathouse, dock, deck, wharf or pier shall extend away from land more than 30 feet from the mean high water mark closest to such structure. Subject to the limitation in sub-section 7.35(C) below, the total surface area ("footprint") of any dock deck, wharf or pier shall not exceed 500 sq. ft. including the area of any openings or "slips" in which boats or other watercraft may be berthed.
B. Subject to the limitation in subsection 7.35(C) below, the covered area within a boathouse at water level (its "footprint") shall not exceed an area of 625 sq. ft., including the "slips" or floor openings in which boats or other watercraft are berthed. A boathouse shall be limited to one story. The maximum height of a boathouse shall be 15 feet, not including any required railings, above the mean high water mark. The use of a boathouse shall be limited to the storage of boats, oars, personal flotation devices and similar equipment for boating. A boathouse shall not contain any bathroom, kitchen facilities, living quarters, bedrooms, plumbing or heating source or system.
C. The combined surface area or "footprint" of any combination of boathouse, dock, deck, wharf or pier, including any "slips" or floor openings in which boats and/or other watercraft may be berthed, shall not exceed 875 sq. ft. for any lot

F. Section 8.30, entitled "NON-CONFORMITY, OTHER THAN USE", is amended to read as follows: No permit shall be issued that will result in the nonconformity or the increase of any nonconformity in height, yard space or setback. No structure with nonconformity of any dimensions shall be expanded in any direction, vertically or horizontally unless all dimensions of the expansion conform to the requirements of this Land Use Code. Any nonconforming lot which: 1) was lawfully on record as of May 22, 1973 (the enactment date of the Adirondack Park Land Use and Development Pian), or 2) was otherwise lawfully on record between May 22, 1973 and November 6, 2000 (the original effective date of this Land Use Code) and for which an authorized Adirondack Park Agency (APA) Permit has been issued, or 3) was otherwise lawfully on record between May 22, 1973 and November 6, 2000 and for which APA has issued a formal letter-determination deeming the existence of the lot "non- jurisdictional" with respect to the APA Act and regulations, and which lot does not meet the minimum lot area and/or minimum lot width and/or depth requirements of this Land Use Code (for the land use district in which such lot situated) shall be considered as complying with such minimum lot requirements for the purposes of constructing one single- family dwelling or siting one mobile/manufactured home, and no variance shall be required therefore, provided that:
A. Such lot has an area of at least two-thirds of the required minimum lot area, and a width of at least two-thirds the required minimum lot width, and
B. Such lot does not adjoin other lots in the same ownership; provided, however, that all such lots in the same ownership may be treated as one lot.

G. Section 10.10, entitled "BOUNDARY LINE ADJUSTMENTS", is amended to read as follows: The Planning Board shall have the authority to review a proposed deed or Boundary Line Adjustment agreement and map showing the proposed Adjustment. The map shall be prepared, signed and sealed by surveyor licensed by New York State and shall show and identify the Granting Parcel, Receiving Parcel, Boundary Line Adjustment Area and any other details deemed necessary by the Planning Board. The map shall bear a prominent note stating that the Boundary Line Adjustment Area is hereby merged into and with the Receiving Parcel as a single, unified lot. The Planning Board shall determine whether the proposed transfer satisfies the definition of a Boundary Line Adjustment and requirements of this section or would be a subdivision subject to further review. If the Planning Board determines that the proposal is for a Boundary Line Adjustment, rather than for a subdivision, and that the map and other documents submitted are satisfactory, and that the proposed Boundary Line Adjustment meets the definition and necessary requirements for a Boundary Line Adjustment, the Planning Board shall be authorized to approve the Boundary Line Adjustment. Upon such approval, the Applicant shall provide the Planning Board with five (5) twenty four inch x thirty six inch (24"x36") maps as follows: 1 Mylar and 2 paper copies to be filed with Franklin County, 1 paper copy for the Town of Santa Clara and 1 paper copy for the applicant. The Chairman of the Planning Board (or the Vice-Chairman, if designated by the Chairman) shall be authorized to stamp and sign the maps depicting the Boundary Line Adjustment. The Applicant shall then file the signed maps and record the deed or Boundary Line Adjustment agreement in the office of the Franklin County Clerk within 62 days after the maps are signed by the Planning Board Chairman. Within ten (10) days after filing and recording with the County, the Applicant shall provide the Town's Code Enforcement Officer with a copy of the filed map and a copy of the recorded Deed or Boundary Line Adjustment agreement by which the Boundary Line Adjustment Area was conveyed and merged into the Receiving Parcel.
H. Section 10.172, entitled "Plat Details", is amended to read as follows: Upon approval of the subdivision, the Applicant shall provide the Planning Board with five (5) twenty-four inch x thirty-six inch (24"x36") maps as follows: 1 Mylar and 2 paper copies to be filed with Franklin County, 1 paper copy for the Town of Santa Clara and 1 paper copy for the applicant. The Chairman of the Planning Board (or the Vice-Chairman, if designated by the Chairman) shall be authorized to stamp and sign the maps depicting the subdivision. The Applicant shall then file the signed maps, the deed and subdivision agreement in the office of the Franklin County Clerk within 62 days after the maps are signed by the Planning Board Chairman. Within ten (10) days after filing with the County, the Applicant shall provide the Town's Code Enforcement Officer with a copy of the filed map.
Section 3. Severability - The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 4. Repealer - Any Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, the current versions of those portions of the Town's Land Use Code which are amended by this Local Law are specifically intended to be superseded. Section 5. Effective Date - This Local Law shall take effect upon filing by the New York State Department of State, or as otherwise provided by law.

The question of the adoption of this Resolution was duly put to a vote on roll call which resulted in votes by each Town Board member as follows:

ROLL CALL:
Ayes 3: Murray, Lyon, Webb
Nays 0
Absent 2: Kimpton, Perry

The Resolution was declared duly adopted by the Town Board.

Fuel Tanks – Requests for proposals were sent to 3 electric companies to install the pumps and all of the explosive proof fittings and fixtures required to meet state regulations. One response was received from R & S Electrical Services at a price of $4,680.00. On a motion by Rick Lyon, seconded by John Murray the Board authorized Supervisor Webb to approve the contract with R & S Electrical if no response is received from the other 2 requests by Monday, August 12, 2019. All members voting Aye. Motion carried.

Planning Board Chair - On a motion by Rick Lyon, Seconded by John Murray the Board approved the reappointment of Pamela Scottie Adams as Chair of the Planning Board for a 5 year term commencing August 8, 2019. All members voting Aye. Motion carried.

RESOLUTION NO.: 13 OF 2019 Introduced By: Rick Lyon Seconded By: John Murray. ST. REGIS FALLS FIRE CONTRACT RENEWAL 2020 TO 2022:
The 8 day of August 2019. Between THE TOWN BOARD OF THE TOWN OF SANTA CLARA. AS TRUSTEE for the town of Santa Clara Fire Protection District, Franklin County, New York (hereinafter as the "Town"), party of the first part. And The St.Regis Falls Fire District,located in the Town of Waverly, County of Franklin State of New York, hereinafter referred to as the "party of the second part." Witnessed: WHEAREAS,there has been duly established in said Town of Fire Protection District known and designated as the Town of Santa Clara Fire Protection District (the "District") embracing territory in said Town as more fully described in the resolution and order establishing such District and duly adopted by the Town Board of said Town on March 25,1959 and approved by the NYSComptrolier on August 12, 1959,and WHEAREAS, there has been a contract between the Town and the party of the second part providing for fire protection pursuant to Town and the party of the second part providing for fire protection pursuant to Town law Section 184 for said District, which contract expires on the 31st day of December 2019,and

WHEREAS, it is the desire of the Town and party of the second part to enter into a new contract to provide the such service for the period commencing on January 01, 2020 and ending on December 31, 2022. WHEREAS, this contract has also been duly authorized by resolution of the Board of Fire Commissioners of the party of the second part, and WHEAREAS, for the annual term of this agreement, the yearly expense to provide. such services is $5000 for the year 2020, $5250.00 for the year 2021, and $5500.00 for the year 2022. NOW THEREFORE, the parties hereto do mutually agrees as follows:

1. That the Town does hereby engage the party of the second part and its Fire Department to furnish fire protection, to said Town of Santa Clara Fire Protection District, and the said party of the second part and its Fire Department agree to furnish such service in the manner and subject to the terms and conditions hereinafter set forth.

2. The Fire Department of the party of the second part shall at all times during the period of this agreement be subject to call for attendance upon any emergency requiring the service of firemen or fire equipment, occurring in said District. When notified by alarm or telephone call or request from any person within the District of an emergency or fire within said District, such Fire Department shall Respond and attend upon the fire or other emergency without unreasonable delay with suitable emergency equipment, ladder, fire pumping, hose appliances and apparatus and the firemen necessary to adequately operate same. Upon arriving at the scene of the emergency or fire, said attending firemen shall proceed diligently, and in every way reasonably possible under the circumstances, to Service the emergency or extinguish the fire and to save any lives or property endangered by said fire or emergency. In consideration of furnishing aid and the use of the apparatus as aforesaid, the party of the second part shall receive the sum of $5000 for the year 2020, $5250 for the year 2021, and $5500 for the year 2022. Payable on or before January 31st of the year of the contract.

3. (A) The party of the second part hereby agrees to protect, indemnify and save the Town, its officers, agent servants and employees, harmless against any and all losses or claims for injury or. damage to personal property arising out of the performance of the terms and conditions of this agreement or any acts incidental thereto; to carry adequate and full insurance protection against Liability for personal injury, property and physical damage {fire, theft and collision) including fire fighting vehicles and Equipment of every nature and kind, to include the Town (party of the first part) as a named insured, in all said policies, to provide certificates of all said insurance showing compliance with provisions of this clause, and to continue the terms and conditions a foresaid throughout the term of this agreement and any extension thereof. (B) Jn1consideration of the payment of said sum mentioned in this agreement, the party of the second part does hereby waive, relinquish and release the Town from any obligations, liability or responsibility/with respect to loss or damage to, or expense incurred in the operation of fire apparatus or other equipment in the performance of this agreement as imposed by the pertinent provisions of Article 10 of General Municipal Law.

4. The monies required to be paid or expended by said Town under terms of this agreement shall be a charge upon the said Fire Protection District, to be levied and assessed upon the taxable property in said District and collected with the Town taxes.

5. Members of the Fire Department of the party of the second part, while engaged in the performance of their duties in answering, attending upon or returning from any call provided for this contract shall have the same rights, privileges and immunities as if performing the same in the Town of Waverly, New York.

6. This agreement shall run for the period of Three Years commencing January 01, 2020 and terminating December 31, 2022, unless terminated by service notice as provided in Section 184 in the Town Law. The notice herein provided for shall be served in the same manner as is required for the service of a summons in an action in Supreme Court.

ROLL CALL:
Ayes 3: Murray, Lyon, Webb
Nays 0
Absent 2: Kimpton, Perry

The Resolution was declared duly adopted by the Town Board.

Good of the Town

Scott LaMay reported that the concrete pad for the new fuel tanks has been poured by the highway department. The wind storm of July 30th left quite a few trees down on the Kimpton and Floodwood roads. The highway department has cleaned it all up. The Town Highway Department also cleaned up the County Road 46 for the County. There was debris from the storm so the Town swept the road and cut back trees. Shoulder work has been done on the Floodwood, Green Pond and Hatchery roads. Ditch work will be starting in a week or two. The new loader is still a month or two out from delivery according to Tracey Road Equipment.

Substation Fire Department Open House - Supervisor Webb advised that tentatively there will be an open house on August 17, 2019 for the Town of Santa Clara Substation Fire Department.

General Fund vouchers No. 174 to 200 in the amount of $8,750.70 and Highway Fund vouchers No. 54 to 62 in the amount of $12,387.93 were audited by the Board. Motion by John Murray seconded by Rick Lyon to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.

Adjournment

Motion to adjourn at 8:18 P.M. made by Rick Lyon, seconded by John Murray. All members voting Aye. Motion carried.

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Town Of Santa Clara
5359 State Route 30  ·  Saranac Lake, NY 12983
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