TOWN OF SANTA CLARA BOARD MEETINGS
Minutes of the Public Hearing and Regular Monthly Meeting of the Santa Clara Town Board held on Thursday, December 8, 2016, Saranac Inn, NY Town Hall at 6:00 P.M.
Roll as follows for the Public Hearing and Regular Monthly Meeting:
- Marcel Webb - Supervisor
- Thomas Kimpton - Councilman
- David Perry - Councilman
- Richard Lyon - Councilman
- Philip Durkin - Councilman
- Mike Hill - Special Legal Counsel
- Andrew McGill - Superintendent of Highways
- Laurie McGill - Town Clerk
Public Hearing convened 6:00 P.M. by Supervisor Webb to hear comments on proposed Local Law # 04 of 2016. The proposed Local Law would amend Article VIII of the Town's Land Use Law to add a new section, 8.15, authorizing the Town Board to approve resumption of discontinued prior non-conforming uses of property containing buildings or structures that have been designated as a National Historic Landmark. The proposed Local Law is being considered based upon a Petition submitted by the Friends of Eagle Island requesting the proposed amendment to the Town's Land Use Law.
Proposed Local Law 04-2016
DRAFT AMENDMENT TO TOWN LAND USE LAW
TO ADD NEW SECTION - 8.15
8.15 National Historic Landmark Properties
A. Notwithstanding the provisions of 8.12, 8.13 and 8.14, in the event that a property contains buildings or structures that have been designated as a National Historic Landmark by the National Park Service of the United States Department of the Interior, and such designated buildings or structures were utilized as part of a nonconforming use or uses, either before or after such Historic Landmark designation, or both, and which nonconforming use or uses were discontinued without the property's use being changed to a conforming use, then the Town Board, upon written request from the owner of the property, shall be authorized to allow the resumption of the non-conforming use or uses on the property, after the request is reviewed by the Planning Board.
B. The Town Board's decision on such a request for resumption of a non-conforming use or uses shall be by Resolution of the Town Board following a Public Hearing held on at least 10 days' notice.
C. Upon a Resolution of the Town Board approving a resumption of one or more non-conforming use or uses, which must be specified in such Resolution, the property owner must resume such use or uses within two years from the date of adoption of the approving Resolution, which time may be extended for one additional year for good cause shown by application to the Town Board and a Resolution of the Town Board approving such extension, without requirement for a Public Hearing on such extension request. Application for such an extension must be received by the Town before the expiration of two years from the date of the Resolution of approval to resume the non-conforming use or uses.
D. After a Resolution of the Town Board approving a resumption of a non-conforming use or uses, if the non-conforming use or uses are not resumed within such two-year period, or 1-year extension thereof if so authorized by the Town Board, any subsequent use of the property must comply with the then-current provisions of the Town's Land Use Law or its successor.
E. The provisions of this subsection 8.15 shall apply to any such designated National Historic Landmark property even if the cessation of the nonconforming use or uses occurred prior to the adoption of this subsection.
F. The property owner which submitted the Petition dated July 12, 2016 to the Town Board for an amendment to the Town's Land Use Law to add this sub-section 8.15 shall be deemed to have satisfied the requirements of sub-sections A and B above and the resumption of the prior non-conforming uses on property owned by such property owner as of the date of its Petition, being those uses identified and specified in the Resolution of the Town Board approving the addition of this section 8.15 to the Land Use Law, are deemed approved by the Town Board. Said property owner must resume such uses within two years from the date of adoption of the Town Board Resolution approving the amendment of the Land Use Law to add this section 8.15, which time may be extended for one additional year for good cause shown by application to the Town Board and a Resolution of the Town Board approving such extension, without requirement for a Public Hearing on such extension, or the approval for resumption of such non-conforming uses shall expire. Application for such an extension must be received by the Town before the expiration of two years from the date of the Resolution approving the addition of this section 8.15 to the Land Use Law.
Bob Goodsall, representative and legal counsel of Friends of Eagle Island, gave a brief presentation on the purchase of the property and the reason for the petition to amend the Land Use Code.
Carol McKenzie, VP and Treasurer of FEI showed a map of Eagle Island indicating the location of all the buildings, tent platforms, beach, etc. A map showing the location around the lake of all the supporters of Eagle Island was also presented.
Paula McGovern, Executive Director of Eagle Island, advised that Friends just received an Economic Development Grant from New York State for a little less than $500,000.00. Eagle Island has always been a low impact camp and Friends are committed to keeping it that way. Friends have tried to involved the community in the design and thus upon community input have moved the boat route in Gilpin Bay to the less populated side.
Chris Wubbolding, President of FEI, introduced people to speak in support of the project and share their experiences. Marc Warner, Susan Moody, Kurt Stiles, Mary Hotaling of Historic Saranac Lake, Steven Englehart of Adirondack Architectural Heritage, Laura Parmington a former camper and counselor, Stephanie Goodsall a former camper, Heidi a former camper and Carol McKenzie parent of a former camper all were in favor of amending the Land Use Code so that Eagle Island can continue to be used as a girls camp.
Michelle Brown Garcia expressed the concerns of the year round residents of Gilpin Bay. The increased boat traffic in the bay and on the road, and campers bring their own boats and the concern of milfoil or other contaminants on the boats is the concern. Michelle also asked why Friends did not have to apply for a variance with the Town's Variance Board. Supervisor Webb advised that per the Town Land Use Code there are two avenues when the applicant does not meet the Land Use Code. One is to apply for a variance and the other is to apply to amend the Land Use Code. Friends chose to apply for an amendment. Supervisor Webb also stated that the Town has no control over the boat traffic in the bay or the traffic on the private road.
Regular monthly meeting called to order by Supervisor Webb at 7:00 P.M. Motion by Tom Kimpton, seconded by Phil Durkin to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by Rick Lyon, seconded by Tom Kimpton to accept the minutes. All members voting Aye. Motion carried.
Resolution No. 20 To set hours of work for New York State Retirement System
Position - Town Councilman
Standard Work Day Hours - 6
On a motion by Dave Perry seconded by Phil Durkin the Board set the standard work day. ALL AYE.
New Signs for Building - Rick Lyon reported that the signs have been completed. The signs will be installed on the building tomorrow, December 9. A sample of the sign for the Substation of the Tupper Lake Volunteer Fire Department was shown to the Board and approved.
Open House for the Town of Santa Clara Substation of the Tupper Lake Volunteer Fire Department will be held Saturday, December 17, 2016 from 1:00 P. M. To 3:00 P. M.. The Fire Chief and some members of the department will be there to answer questions and show the equipment. Any one from the Town of Santa Clara interested in joining the department can complete an application at that time. To make this substation work members from the Town are needed.
DEC Recreational Trail Meeting - Supervisor Webb was not able to attended the last 2 meetings.
Eagle Island - The Town Board discussed the proposed amendment to the Land Use Code requested by Friends of Eagle Island. Mike Hill, Special Legal Counsel for the Town was on the speaker phone for the meeting and discussion.
Councilman Rick Lyon respects the scouting history of Eagle Island and is a third generation lake resident. He agrees with Friends of Eagle Island that it is a great place for all to experience. Rick's concern is that the proposed use by Friends is stretching the Historic use of the property. Rick is concerned about Paul Smiths College and the Wild Center using the property. Traditionally it has been a low impact to the area and Rick is concerned the impact to the area would increase. Also Rick is concerned that there has been no discussion about Fire and Rescue if required out on the island. Friends of Eagle Island stated that Paul Smith College and the Wild Center will not be using the island. Friends plans to tap into them to recruit camp counselors and environmental presentations for the campers.
Councilman Dave Perry is concerned on how Friends plans to control the noise and traffic, both on the Gilpin Bay Road and the water in Gilpin Bay. Dave is also concerned how the groups using the island will be controlled by Friends. Dave also wants to know if Friends being tax exempt will be contributing any money toward Fire and Rescue coverage for Eagle Island. Friends advised Dave that no other entities will be using the island.
Councilman Phil Durkin finds nothing wrong with the proposal. Phil understands the concerns people have but feels that Friends of Eagle Island will have better control over the use than other organizations on the lake.
Councilman Tom Kimpton feels Friends of Eagle Island have been very patient with the Town through this process. They have willingly answered all questions asked of them. Tom's concern is the traffic in Gilpin Bay during construction on the island.
Supervisor Webb has looked very closely at this application to amend the land use code. Supervisor Webb feels the Town Planning Board and the Town Board have done its due diligence on this request. The Town cannot legally control the traffic in Gilpin Bay. The Towns position is the use to which the island will be made not the traffic. Supervisor Webb feels the Historical use was spelled out very well. There is only one building in Franklin County, New York, that is on the National Historical Registry and that is on Eagle Island. Supervisor Webb understands the concerns of the Gilpin Bay residents but feels limiting the Historic use should not impact greatly the traffic.
Guy Middleton advised that the Town is required to do a SEQR - State Environmental Quality Review. Mike Hill will look into this and see if the Town needs to do the short form or long form of the SEQR.
On a roll call vote the Town Board moved to have Mike Hill prepare a resolution adopting the proposed amendment to the Land Use Code
Vote as follows: ALL AYE
Open Discussion - no one spoke
Good of the Town -
Superintendent McGill reported that he is working on having the locks changed on the Town Hall in the Hamlet.
Supervisor Webb requested a change for the March 2017 Regular Board meeting from March 9 to March 2, 2017.
Supervisor Webb read a letter of resignation from Town Councilman Phil Durkin from the Town Board effective 12/31/2016. On a motion by Mickey Webb, seconded by Tom Kimpton the Board accepted with deep regret the resignation of Councilman Phil Durkin. All members voting Aye. Motion carried. The Town will need to temporarily fill the vacant seat on the Board as the position does not end until 12/31/2017.
General Fund vouchers No. 305 to 322 in the amount of $7,267.77, Building Fund vouchers No. 22 to 23 in the amount of $8,875.64 and Highway Fund vouchers No. 119 to 123 in the amount of $3,547.25 were audited by the Board. Motion by Rick Lyon seconded by Phil Durkin to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.
Resolution No. 21 Budget Amendment No. 1
Funds Transfer On a motion by Phil Durkin seconded by Dave Perry, the following resolution was
ADOPTED: ALL AYE
Resolved the following Funds Transfer is approved for the General Fund:
A7620.4 - Adult & Rec - $1,200.00
A1990.4 - Contingency - $3,731.00
A5615.4 - Joint Airport - $ 400.00
A1330.4 - Tax Collection - $ 931.00
A7310.4 - Youth Programs CE - $ 1,200.00
A8160.4 - Refuse & Garbage CE - $ 2,400.00
Resolved the following Funds Transfer is approved for the Highway Fund:
DA3501 - CHIP Income - $116,897.00
DA3501 - Appropriated - $ 25,000.00
DA3501 - Unappropriated - $ 58,562.00
DA5112.2 - Improvements - $ 15,563.00
DA5130.2 - Machinery Cap - $180,173.00
DA5130.4 - Machinery CE - $ 3,000.00
DA9040.8 - Workmans Comp - $ 1,723.00
Motion to adjourn at 8:00 P.M. made by Dave Perry, seconded by Rick Lyon. All members voting Aye. Motion carried.