TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of the Organizational Meeting and a Regular Monthly Meeting of the Santa Clara Town Board held on Thursday, January 12, 2017, Saranac Inn, NY Town Hall at 7:00 P.M

Roll as follows for the Organizational Meeting and Regular Monthly Meeting:

    Present:
  • Marcel Webb - Supervisor
  • Thomas Kimpton - Councilman
  • Richard Lyon - Councilman
  • David Perry - Councilman
  • Andrew McGill - Superintendent of Highways

    Recording Secretary:
  • Laurie McGill - Town Clerk

Organizational Meeting called to order at 7 P.M. by Supervisor Webb.

Resolution No. 01

On a motion by Tom Kimpton seconded by Rick Lyon to approve appointments, reappointments and designations for 2017 the following resolution was ADOPTED: ALL AYE

  • Health Officer - Dr. Barry Kilbourne
  • Deputy Highway Superintendent - Scott LaMay
  • Deputy Town Clerk Tax Collector - Carolyn Hickok
  • Dog Control Officer and Shelter Service: By contract with Tri-Lakes Humane Society
  • Official Newspaper: Adirondack Daily Enterprise
  • Official Depositories: Community Bank NA and NBT Bank
  • Payroll/Bookkeeping Services - Richard Meagher
  • Town Attorney - James Maher
  • Mileage Reimbursement: Per Federal Guidelines
  • Meeting Schedule: Usually the second Thursday of each month.
  • Return Check Fee: $35.00

Appointments
  • Board of Assessment Review - Todd Hall

Reappointments
  • Planning Board - John La Hart
  • Ethics Committee - Lynne Perry
  • Ethics Committee - David Perry
  • Ethics Committee - Pam Martin
  • Ethics Committee - Richard Lyon
  • Ethics Committee - Carolyn Murray

Motion by Tom Kimpton seconded by Dave Perry to adjourn the organizational meeting. All members voting Aye. Motion carried.

Regular Monthly meeting called to order by Supervisor Webb.

Motion by Tom Kimpton, seconded by Rick Lyon to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by Rick Lyon, seconded by Dave Perry to accept the minutes. All members voting Aye. Motion carried.

Environmental Assessment Form for Friends of Eagle Island.

The Town Board was required to complete an Environment Assessment Form for the Land Use Code amendment requested by Friends of Eagle Island. Friends completed part 1 of the form and the Town needs to complete part 2 and 3.

Mike Hill, Special Counsel, for the Town, was on the phone for this portion of the meeting. Mike gave some brief remarks on the process of reviewing and completing this form.

Supervisor Webb read each question on the form and the Board determined how they wanted to answer them.

Click Here To view the Environmental Assessment PDF

Part 2 of the Environmental Assessment Form has two options to answer the questions No or small impact may occur or Moderate to large impact may occur. To clarify the Boards responses to these questions if the Board answered YES to the main question they then answered the sub-questions as follows:

    Question 1 - A thru G were answered NO

    Question 3 - A thru E and G thru K were answered NO, the Board felt F was a small impact

    Question 10 - A was a small impact, B thru E were answered NO

    Question 16 - A was NO, B was small impact, C thru I were answered NO, J was a small impact, L was answered No

    Question 18 - A was answered No, B was a small impact, C thru F were answered No

EXHIBIT B to Town Board Resolution of January 12, 2017 Adopting Local Law No. 01 of 2017 and Approving Resumption of Past Uses on Eagle Island

PART ONE - SUMMARY of prior non-conforming uses that FEI is allowed to resume:

    Youth Group Camp use, with 140 campers and associated staff. Includes annual orientation and training for counselors and staff two weeks prior to the start of the summer camp season. The majority of campers and assigned staff shall utilize platform tents for sleeping in the remote areas of the island with wash houses and toilet facilities adjacent to most of those areas. The remaining campers will use the existing cabins and other staff will use the cabins and sleeping quarters in the main camp area. The youth camp will be low impact including an emphasis on low-impact water activities including sailing, canoeing and kayaking. Water related activities will not include waterskiing (even though historically limited waterskiing instruction had been offered), parasailing, wake surfing or any motorized personal watercraft ("jet skis" and similar watercraft).

    Family/Adult group camp/Women's Weekends and Work Weekend use, Family/Adult Camp with up to 100 guests and 18 staff for Family/Adult group camp; Women's Weekend with up to 90 campers and full summer staff; Work Weekends with up to 80 participants. The participants shall utilize the tent platforms, or the rustic rooms in the lodge and cabins.

    Associated educational and recreational day use by families, local community groups and organizations, and historical societies. These day uses shall not involve overnight stays by those visitors and will occur at designated times during the off youth camp sessions. All associated educational and recreational uses will be scheduled, arranged, and conducted or supervised by FEI. No organizations or entities will be allowed to conduct activities on the Island independent of FEI.

    Ancillary and community meeting use, during the off youth camp sessions, including one or two day meeting use for the leadership of FEI and other youth camping groups with up to 45 attendees and 12 staff. In addition, this use allows one day or partial day meetings for community groups and open houses. All ancillary and community uses will be scheduled, arranged, and conducted or supervised by FEI. No organizations or entities will be allowed to conduct activities on the Island independent of FEI.

    Mainland parcel use, during the camp season the Mainland parking area will be used to accommodate up to 40 vehicles associated with the camp use, with sufficient space being left open for buses and other passenger cars to park and turn around on camp "change-over" days. In no event shall any vehicles be permitted to park on Gilpin Bay Road, which restriction shall be monitored and enforced by FEI. During the non-camp season, the parking lot may be utilized for storage of FEI boats and boat trailers, as well as camp passenger vans.

    Boat Launching, will not be available to the public and any boats launched from the Mainland that are not already on Upper Saranac Lake will be subject to strict protocols established in collaboration with the Upper Saranac Foundation to protect against invasive species.

    Monthly Reporting of activities, uses and number of participants: FEI will provide the Town with monthly reports of all activities/uses and the number of participants.

    Enforcement: Any deviation from the historic uses as described in this Resolution, including the numbers of participants as specified, will constitute an unpermitted use and, thus, a violation of the land use code and subject to enforcement action.

    Fire Boat and Fire Fighting: FEI will coordinate its boat uses with Tupper Lake Fire Department so as to ensure no conflicting boat traffic at time that the Fire Boat is used for training or testing. Despite being tax-exempt, FEI will make a financial contribution to the Town, or, if directed by the Town, to the Fire and Rescue authorities on or before January 31st of each year in an amount or amounts that would be consistent with FEI's share of the payment toward such entities, either directly or through taxes, that would be required if FEI were not tax-exempt.

    Emergency Planning: FEI will formulate and obtain approval for the NY DOH-required emergency plan and will meet with the local Fire District and Emergency Response authorities to ensure that all emergency and contingency planning meets the requirements of those authorities.

    NYSDEC required remediation of old "dump" on Island: The former owner of Eagle Island, Girl Scouts Heart of New Jersey ("GSHNJ"), is undertaking remediation of a former small "dump" on the Island. Remediation of the site is under the directive of the NYSDEC - Spill Number 1605324 - which has directed that GSHNJ remove a specified amount of contaminated soil (which remediation is required regardless of whether FEI re-establishes the historic uses). FEI shall ensure that the Town is informed of the scheduling of all such soil removal activities.

PART TWO: DETAILED DESCRIPTION of prior non-conforming uses that FEI is allowed to resume and conditions imposed:

    Youth group camp: FEI will be allowed to resume low impact youth group camp use as the primary use. The maximum number of participants at any one time shall be limited to the historic 140 campers with appropriate staff to meet the youth camp accreditation requirements, which is anticipated to be approximately the same as at the 48 staff members in the past. The Youth Group Camp use and season will include an annual training and orientation session for summer camp counselors and staff members, as was done historically under the Girl Scouts' ownership. The training and orientation sessions will be approximately two weeks in length and will be held in early to mid-June each year. The majority of campers and assigned staff shall utilize platform tents for sleeping in the remote areas of the island with wash houses and toilet facilities adjacent to most of those areas. The remaining campers will use the existing cabins and the other staff will used the cabins and sleeping quarters in the main camp area. The camping activities shall essentially mirror the Girl Scout camping programs, which emphasized low-impact water activities including sailing, canoeing and kayaking and limited water skiing instruction. However, water related activities will not include waterskiing (even though historically limited waterskiing instruction had been offered by the Girl Scouts), parasailing, wake surfing or any motorized personal watercraft ("jet skis" and similar watercraft). The number of accommodations for campers and staff, and the sleeping capacity of such structures, shall not be increased. In addition, during the youth camp season Eagle Island may be utilized as a stop for Girl Scout, Boy Scout and other formally organized and supervised canoe trips through the area with approximately a dozen canoers camping in a remote part of the Island, with prior arrangement and permission from the NYS Department of Health and FEI. In the event FEI allows for parent day visits to the Camp, the maximum number parents will be 50, so that the maximum number of campers, staff members and parents on the Island would not exceed 250. The parents would only be on the Island of a few hours, and not overnight.

    Family/Adult group camp/Women's Weekends and Work Weekends: FEI will be allowed to resume Family/Group Camp Programs, Adult and/or Women's Weekends, and Work Weekends uses, bookending the resident youth camp season. The focus and nature of these programs shall be very similar to the youth programs, focusing on sailing programs and adventure excursions into the Adirondacks. As with all of the uses and activities, the family/adult group camp shall be under FEI' supervision and be required to comply with the policies and restrictions imposed by FEI. By way of example, quiet-time and lights-out policies will be continued and enforced, and the use of motorized personal watercraft ("jet skis" and similar watercraft) will not be permitted. The number of participants and staff associated with these programs will mirror the historic numbers, and the participants will utilize the tent platforms, or the rustic rooms in the lodge and cabins. For Family/Group Camp there may be up to 100 guests with about 15 to 18 staff. For Women's Weekends Women's weekend/camp there may be up to 90 participants along with the entire summer staff for training purposes. For Work Weekends up to 80 participants shall be allowed to attend. The number of accommodations for campers and staff, and the sleeping capacity of such structures, shall not be increased.

    Other associated educational and recreational uses: FEI will be allowed to resume the following types of other associated educational and recreational uses. At designated times during the off youth camp season, FEI may make Eagle Island accessible for day use by families, and coordinate activities with local community groups and organizations, and historical societies. Visitors shall be allowed to come for the day and experience a number of activities, including guided tours of the Historic Landmark buildings, participation in a guided Nature Experience, and simply walking the many paths throughout and around the island. To some extent these uses may overlap with part of the Family/Adult camp programs, but will not occur during the youth camp sessions. All associated educational and recreational uses will be scheduled, arranged, and conducted or supervised by FEI with advance notice to the Town. Accordingly, by way of illustration, coordinating of activities with entities such as Paul Smith College and Wild Center will not give rise to situations in which such entities are using Eagle Island independent of FEI. Instead, personnel and/or students from such entities would be assisting in activities and uses being made by FEI that are consistent with the historic educational uses.

    Ancillary and community uses: FEI will be allowed to resume the use of Eagle Island Camp as a meeting site for the leadership of FEI of Eagle Island and other youth camping and outdoor recreational groups with whom FEI will be partnering. Such meetings/educational conferences may be one or two day events held after the end of the youth camp season. Attendance at such meeting shall be on the order of 25 to 45 attendees, with staff of 10 to 12. In addition, during the non-camp season, FEI may make the facilities available for one day or partial day meetings for various community groups, including USLA, AARCH, the Wild Center and others. During the non-camp season FEI may also hold a limited number of open houses to promote the camp, with advance notice to the Town. All ancillary and community uses will be scheduled, arranged, and conducted or supervised by FEI with advance notice to the Town.

    Activities that will not be permitted: Consistent with the historical uses of the rustic Great Camp and with the FEI's representations that it is dedicated to ensure low impact uses, the following activities that will not be permitted as part of any of uses. Water related activities will not include waterskiing, motorized personal watercraft ("jet skis" and similar watercraft), parasailing or wake surfing. Fireworks will not be permitted on the Island, nor will loud amplified music.

    Mainland Parcel: The Mainland parking area may be used during the camp season to accommodate up to 40 vehicles associated with the camp use, with sufficient space being left open for buses and other passenger cars to park and turn around on camp "change-over" days. In no event shall any vehicles be permitted to park on Gilpin Bay Road, which restriction shall be monitored and enforced by FEI. If campers for the Youth Group Camp come by car, FEI will coordinate arrival times to ensure sufficient space for vehicles, and, if necessary FEI will arrange for off-site drop off and transportation by Camp van. FEI will monitor registration for the family camp use so as to know in advance the number of anticipated cars and will make parking arrangements off-site as necessary to ensure that no cars are parked on Gilpin Bay Road and the available parking space allows for deliveries, access to the dumpsters, and emergency access. During the non-camp season, the parking lot may be utilized for storage of boats and boat trailers, as well as camp passenger vans. The parking lot cannot be used for storage of any boats or vehicles not associated with Eagle Island.

    Boat Launching: In order to protect against invasive species, FEI currently does not and will not make its launch available for public use, and will not allow the launch of any boats without prior authorization from FEI. Whenever such authorization is given, it will be explicitly conditioned on compliance with the invasive species protocol that FEI has established in collaboration with the Upper Saranac Foundation. As of the adoption of this Resolution, that protocol requires that any boat or trailer allowed to use the FEI Mainland launch and not coming from Upper Saranac Lake be "cleaned, drained and dried." Boats utilized by FEI will generally be located on Upper Saranac Lake and not brought in from other water bodies. In the event FEI does bring in a boat from another water body, it shall comply with the invasive species protocol. FEI will update its protocol as needed to conform with the recommendations of the Upper Saranac Foundation.

Additional requirements and enforcement:

    Monthly Reporting of activities, uses and number of participants: FEI will provide the Town with monthly reports of all activities/uses and the number of participants.

    Enforcement: In making its request for the amendment so as to allow it to re-establish historical uses, FEI acknowledges that any activities or uses inconsistent with or outside of the historic uses as described in this Resolution, including the numbers of participants as specified, will constitute an unpermitted use and, thus, a violation of the land use code and subject to enforcement action, unless advance approval from the Town has been obtain for such deviation.

    Fire Boat and Fire Fighting: In the event Tupper Lake Fire Department locates the Fire Boat at a dock the Young Life shoreline of Gilpin Bay, FEI will coordinate its boat uses with Tupper Lake Fire Department so as to ensure no conflicting boat traffic at time that the Fire Boat is used for training or testing. With the understanding that the Fire Boat has a maximum of 3 crew members, if requested by Tupper Lake Fire Department, FEI will allow such crew to park their vehicle(s) on the FEI Mainland parcel if needed. Despite being a tax-exempt entity, FEI will make a contribution to the Town, or, if directed by the Town, to the Fire and Rescue authorities on or before January 31st of each year in an amount or amounts that would be consistent with FEI's payment toward such entities, either directly or through taxes, that would be required if FEI were not tax-exempt.

    NYSDEC required remediation of old "dump" on Island: The former owner of Eagle Island, Girl Scouts Heart of New Jersey ("GSHNJ"), is undertaking remediation of a former small "dump" on the Island. Remediation of the site is under the directive of the NYSDEC - Spill Number 1605324 - which has directed that GSHNJ remove a specified amount of contaminated soil and which remediation is required regardless of whether FEI re-establishes the historic uses. FEI shall ensure that the Town is informed of the scheduling of all such soil removal activities.

    Emergency Planning: In addition to formulating and obtaining approval for the NY DOH-required emergency plan pursuant to Subpart 7-2 of the New York State Sanitary Code (7-2.4(c)(1), 7-2.5(n), 7-2.25), FEI will meet with Fire District and Emergency Response authority or authorities for input in formulating the DOH-required emergency plans and to ensure that all emergency and contingency planning meet the requirements of those authorities. FEI will annually review its emergency plans with the relevant authorities to ensure that they are up to date.

    Yearly Calendar of Resumed Activities

    As an island, the yearly calendar of activities is predicated on the weather and "Freeze-Up" and "Ice-Out" dates. "Ice-Out" has occurred anywhere from early April to as late as the end of May.

      • Ice-Out -- As soon as is safe to get to the island, early maintenance begins. The first priority is the inspection of docks and building for any winter damage and immediate repair needs.

      • Mid-May work weekend -- A goal is to have volunteer work days/weekends occur by mid-May in preparation for the season and certainly by Memorial Day Weekend. At this time boats are put back in the water.

      • Early June -- Adult/Women's Camp

      • Early to mid-June -- In preparation for youth summer camp, staff training is necessary a week or two prior camp opening. This typically would occur early to mid-June, and could overlap with Adult/Women's camp to assist in training.

      • End of June though early August -- Traditionally, camp started at the end of June and ran 6 - 8 weeks. That was based on the Northern New Jersey school calendars. It is possible that the season could be shifted to accommodate campers who live in school districts with earlier summer vacation dates.

      • Mid-August through late September/early fall -- Family camps/ in the weeks immediately following the end of youth camp. Many fewer campers and even lower impact.

      • Early fall work days/weekend -- Volunteer work days/ weekends including Labor Day Weekend.

      • Mid-October through Freeze-up - The Island is closed and secured for the winter.

      • Freeze-up through Ice-out - no activities, with the exception of visits by a caretaker or other Friends representative when the ice permits to ensure the building remains secure and to assess any winter damage.

    ADDITIONAL CONDITIONS IMPOSED UPON RESUMPTION OF PAST USES:

      1) No loud, amplified music shall be played or broadcast outside or over any public address system.

      2) No lights shall be directed onto the Lake or other properties. Downcast, shielded cut-off lighting fixtures shall be used for all outside lights (other than at boat landings where safety requires otherwise) in order to confine light and prevent glare and "light trespass" and reduce the visibility of lights on Eagle Island to other properties.

      3) Whenever the Island is occupied overnight, all occupants shall observe "exterior lights out" (except for low-intensity path lighting and shielded porch lighting) and "quiet time" hours (no outside group activities) that shall begin no later than 10:00 PM and end no earlier than 6:00 AM.

      4) Resumed uses shall be limited to the areas where they were historically conducted, in conformity with the map at Exhibit C. The undeveloped parts of the Island shall remain undeveloped and unused for regular organized activities.

      5) There shall be no recreational boating activities after dark.

      6) The exterior colors and roofs of all structures shall be brown, green, red or similar neutral earth-tone colors or shades that blend in with the natural surroundings.

RESOLUTION NO.: 02 OF 2017

INTRODUCED BY: Dave Perry
SECONDED BY: Rick Lyon

RESOLUTION DETERMINING A SEQRA NEGATIVE DECLARATION AND ADOPTING PROPOSED LOCAL LAW No.: 01 OF 2017

TO AMEND THE TOWN'S LAND USE LAW BY ADDING A NEW SUBSECTION, 8.15, TO ARTICLE VIII - PRE-EXISTING NONCONFORMING USES AND BUILDINGS, AND APPROVING RESUMPTION OF PAST USES ON EAGLE ISLAND

WHEREAS, the Friends of Eagle Island submitted a written Petition and proposed Local Law to the Town Board seeking amendment of Article VIII, "Pre-Existing Nonconforming Uses and Buildings", of the Town's Land Use Law (also known as the Town Land Use Code), and

WHEREAS, the Town Board of the Town of Santa Clara (the "Town Board") is considering adoption of a revised version of the proposed Local Law to amend the Town's Land Use Law with respect to pre-existing nonconforming uses and buildings, and

WHEREAS, the Town Board referred the Petition, Petitioner's proposed Local Law and related information to the Town Planning Board for review, and

WHEREAS, over the course of several meetings, the Planning Board reviewed the Petition, proposed Local Law and related information, including detailed information about past uses of Eagle Island which are proposed to be resumed if the proposed Local Law is approved, and

WHEREAS, the Planning Board requested and received additional information from the Friends of Eagle Island with regard to past, historic uses of Eagle Island, which are proposed to be resumed if the proposed Local Law is approved, and

WHEREAS, the meetings at which the Planning Board reviewed the Petition, proposed Local Law and other information submitted by the Friends of Eagle Island were open to the public, and the Planning Board received comments about them from the public, and

WHEREAS, the Planning Board and the Town's Special Counsel for planning and zoning matters have made certain revisions to the proposed Local Law for the benefit of the Town, and

WHEREAS, the Planning Board provided a report of its review of the Petition, proposed Local Law and related materials, and provided the Planning Board's revised version of the proposed Local Law, to the Town Board on or about September 29, 2016, and

WHEREAS, over the course of several meetings, the Town Board has reviewed the Planning Board's report and has carefully considered the Petition, the proposed Local Law as revised by the Planning Board and Special Counsel, and related information, including information about past uses of Eagle Island which are proposed to be resumed if the proposed Local Law is approved, and

WHEREAS, the Town Board requested and received additional information from the Friends of Eagle Island with regard to past, historic uses of Eagle Island which are proposed to be resumed if the proposed Local Law is approved, including restrictions which would apply to such resumed uses, and

WHEREAS, on December 8, 2016, after compliance with applicable notice requirements, the Town Board duly conducted a Public Hearing with respect to the proposed Local Law and past uses proposed for resumption on Eagle Island, and the Board took and has considered all comments submitted at and for the Public Hearing, both written and spoken, and

WHEREAS, in accordance with the New York State Environmental Quality Review Act (SEQRA), the Friends of Eagle Island have prepared Part 1 of a Full Environmental Assessment Form (Long EAF) for the Town Board's use in assessing the potential environmental impacts of the proposed Local Law and resumption of past uses on Eagle Island (collectively, the Action)

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby declares itself to be Lead Agency for the required SEQRA environmental review, and

BE IT FURTHER RESOLVED, that the Town Board finds that, while the proposed Local Law would only apply to Eagle Island at this time, as Eagle Island is the only National Historic Landmark property within the Town, the proposed Local Law could potentially apply to property elsewhere within the Town if such property became designated as a National Historic Landmark, and that, due to its potentially broader geographic applicability, the Action might be considered to be a Type 1 Action under SEQRA, and, accordingly, the Town has reviewed the Action as a Type 1 Action, and

BE IT FURTHER RESOLVED, that the Town Board has reviewed and considered Part 1 of the Long EAF and has completed Part 2 of the EAF, and

BE IT FURTHER RESOLVED, that after review and consideration of Part 2 of the Long EAF for the Action, which at this time would allow resumption of previous uses only on Eagle Island, the Town Board finds that the Action will not result in any large or important adverse environmental impacts that can be reasonably foreseen, and

BE IT FURTHER RESOLVED, the Town Board authorizes and directs the filing of a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the Action, and

BE IT FURTHER RESOLVED, that in accordance with the New York State Municipal Home Rule Law, the Town Board hereby approves and adopts Local Law No: __ of 2017 amending the Town's Land Use Law (also known as the Town Land Use Code) by adding a new subsection, 8.15, to Article VIII - Pre-Existing Nonconforming Uses and Buildings, in substantially the same form as the proposed Local Law attached as Exhibit A hereto, and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the Local Law 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 when Local Law No. 01 of 2017 has been filed by the Secretary of State's Office and is effective, the past uses that were conducted on Eagle Island and on its associated mainland parcel, identified and described in detail in Exhibit B hereto together with specific restrictions and conditions on such uses, are approved for resumption, subject to the provisions of subsection 8.15 of the Town's Land Use Law and to the restrictions and conditions set forth in Exhibit B, and

BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk, the Town Supervisor and/or the Town's Special Counsel for planning and zoning matters to take any other actions necessary to effectuate the intent and provisions of this Resolution, 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: ALL AYE

LOCAL LAW NO. 01 OF 2017

A LOCAL LAW AMENDING THE TOWN OF SANTA CLARA LAND USE LAW RELATING TO PRE-EXISTING NONCONFORMING USES

Be it enacted by the Santa Clara Town Board as follows:

Section 1. Intent; Authority - The Town Board recognizes that properties on which pre-existing nonconforming uses have been conducted and which contain one or more buildings or structures which have been designated as National Historic Landmarks by the United States Department of the Interior - National Park Service can face special challenges in meeting the requirements of Subsections 8.12, 8.13 and 8.14 of the Town's Land Use Law (also known as the Town's Land Use Code) when the owner of the property is unable to continue the pre-existing nonconforming use and a potential purchaser or transferee wishes to continue the pre-existing non-conforming use but needs more time than allowed under Subsection 8.12, 8.13 and/or 8.14 to raise funds to purchase the property and/or continue the pre-existing nonconforming use(s). The Town Board further recognizes that such National Historic Landmark properties, together with the pre-existing nonconforming uses conducted on them, constitute a special and important resource which benefits the Town in various ways, including increased economic activity and preservation of unique National Historic Landmarks that are important to the Town's culture and heritage, and such properties and uses are worthy of conserving, preserving and continuing. The Town Board therefore wishes to amend the Town's Land Use Law to add a new Subsection, Subsection 8.15, to provide the Town Board with authority to allow resumption of pre-existing nonconforming uses on properties designated as National Historic Landmarks by the United States Department of the Interior - National Park Service, where such uses could not otherwise be resumed under the provisions of Subsections 8.12, 8.13 and/or8.14 of the Town's Land Use Law.

This Local Law is adopted pursuant to New York State Municipal Home Rule Law.

Section 2. Amendment of Town Land Use Law - Article VIII, Section 8.10, of the Town of Santa Clara Land Use Law (also known as the Town Land Use Code) is hereby amended by adding Subsection 8.15, as follows:

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 one or more 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.

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 - All 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, this Local Law is specifically intended to supersede the amended provisions of the current Town of Santa Clara Land Use Law.

Section 5. Effective Date - This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law.

Resolution No. 03

On a motion by Tom Kimpton seconded by Rick Lyon the Board appointed Dr. John Murray to fill the vacant councilman seat. The appointment is from January 12, 2017 to December 31, 2017. ALL AYE

Resolution No. 04

On a motion by Tom Kimpton seconded by Rick Lyon the Board approved an Emergency Purchase of a vehicle for the Code Enforcement Officer not to exceed $35,000.00. Both new and used vehicles will be researched to replace the existing Jeep that is no longer road worthy. ALL AYE

March 2016 Regular Board meeting date was changed to Friday March 31, 2017.

Open Discussion

No one spoke.

Good of the Town

Highway Superintendent McGill presented the Board with the contract for shared services with Franklin County and the agreement for the Expenditure of Highway Moneys

Resolution No 05

On a motion by Tom Kimpton, seconded by Dave Perry the following resolution was ADOPTED: ALL AYE

WHEREAS: It is hereby requested that the Franklin County Highway Department assist the Highway Department of the Town of Santa Clara for the purpose of moving equipment, use of county equipment or paving. It is agreed that this work is undertaken by the Town Highway Department and the job is totally under the direction and supervision of the Town Highway Department. The Town is required to get necessary Agency permits, property owner's agreements and provide utility notification.

THEREFORE BE IT RESOLVED; As an inducement for such assistance the Town will hold the County harmless from property damages and claims brought by any third party as a result of this work and if the County is held responsible for damages the Town will indemnify the County.

Resolution No 06 Agreement for the Expenditure of Highway Moneys

On a motion by Tom Kimpton, seconded by Rick Lyon the following resolution was ADOPTED: ALL AYE

Agreement between the Town Superintendent of Highways of Town of Santa Clara, Franklin County, New York, and the undersigned members of the Town Board.

Pursuant to the provision of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows:

    1. General Repairs. The sum of $56,240.00 shall be set aside to be expended for primary work and general repairs upon 25.5 miles of town highways, including sluices, culverts, and bridges having a span of less than five feet and boardwalks or the renewals thereof.

    2. Permanent Improvements. The following sums shall be set aside to be expended for the permanent improvement of Town Highways:

      A. On the road commencing at pavement change on Blue Mountain Road, and leading to Rockefeller Gate a distance of 0.6 miles, there shall be expended not over the sum of $50,000.00
      Type- Hot Asphalt, Width of Traveled Surface - 20 feet, thickness - 2 ½ compacted, Subbase oil and stone

Superintendent McGill also reported that the sander broke on the big truck during the first snow storm. It has been repaired. So far there are no issues with the culverts on the Town roads. The sander on the pickup truck has broken. It is in the process of being repaired. Superintendent McGill requested to purchase 4 new chairs for the highway department. The current ones are breaking apart and are not repairable. The Board advised him to order new ones.

Resolution No 07 New York State Retirement System

On a motion by Rick Lyon seconded by Tom Kimpton the following resolution was ADOPTED: ALL AYE

To set hours of work for New York State Retirement System

PositionStandard Work Day Hours
Town Clerk/Tax Collector6
Highway Superintendent8
Code Enforcement Officer8
Court Clerk6
Assessor6
Town Councilman6

Resolution No 08

Funds Transfers On a motion by Tom Kimpton seconded by Rick Lyon, the following resolution was ADOPTED: ALL AYE

Resolved the following Highway and General Funds Transfers are approved:

HIGHWAY

From DA5110.4 General Repairs $938.00

To DA1910.4 Insurance $707.00 DA9010.8 State Retirement 231.00

GENERAL

From
A1910.4 Contingent $27,850.00

To
A1130.1 Court Clerk $ 886.00
A1670.4 Central Mail $ 672.00
A9060.8 Health Insurance $ 123.00
A1370.4 Discount on Taxes $26,084.00
A5010.4 Supt of Highways $ 85.00

General Fund vouchers No. 01 to 51 in the amount of $165,187.42 and Highway Fund vouchers No. 01 to 13 in the amount of $22,564.10 were audited by the Board. Motion by Rick Lyon seconded by Tom Kimpton to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.

Motion to adjourn at 9:30 P.M. made by Dave Perry, seconded by Rick Lyon. All members voting Aye. Motion carried.

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Town Of Santa Clara
5359 State Route 30  ·  Saranac Lake, NY 12983
Phone: 518-354-8477  ·  Email: info@townofsantaclara.com
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