1142 ROUTE 311
MINUTES
PRESENT: MICHAEL
GERALD HERBST, COUNCILMAN
ERNEST KASSAY, COUNCILMAN
GINNY NACERINO, COUNCILWOMAN
ANTHONY MOLÉ, TOWN COUNSEL
ANTOINETTE KOPECK, TOWN CLERK
Supervisor
Salute to the Flag and Roll Call.
AUDIT OF BILLS
Mr. Herbst made a motion to approve the following bills chargeable to 2006:
General Fund $72,308.31, Highway Fund-Item 1 General Repairs $25,542.57, Highway Fund-Item 3 Machinery $5,449.58, Highway Fund-Item 4 Brush and Weeds $250.96, Highway Fund-Employee Benefits $15,739.92, Patterson Light District $371.35, Putnam Lake Refuse District # 1 $5.00, Patterson Refuse District # 2 $5,611.08, Patterson Park District $133.60, Alpine Water District $218.45, Dorset Hollow Water District $389.00, Fox Run Water District $10.20, Front Street Sewer $139.08, Wastewater Treatment Plant $15,342.81, Capital Fund $13,434.46. Total Abstract $154,946.37
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
GINNY NACERINO
FRONT STREET SEWER – REASSIGN FLOWS
Mrs. Nacerino made a motion to reassign wastewater generation flows in the Patterson hamlet sanitary sewer district so the Patterson recreation center identified as tax map 3.20-4-70.1 to the Patterson Partners building identified as tax map 3.20-1-48 and to change the benefit units assigned to the Patterson recreation center from 9 benefits to 7 benefit units and the benefit units to the Patterson Partners building from 3 units to 5 units.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Mr. Griffin stated the people that owned the (inaudible) building had asked to put in a café but they were at their limit for the flows. Since we’re allowed 10,000 gallons a day and we’re presently doing about 3,000, we had to reassign; the recreation center is using quite a bit less than what has actually been assigned so what we’ve done is we’ve given assignment to Bruno’s building, Johnny DePasquale’s building and hopefully now we can move forward with the café.
ADOPTING MAP PLAN AND REPORT TO ESTABLISH A DRAINAGE
DISTRICT IN THE TOWN OF
Mrs. Nacerino
introduced the following Resolution for
Approving the Deerwood Drainage District in the Town of Patterson
R1006-06
PATTERSON TOWN BOARD
TOWN BOARD MEETING
WHEREAS, the Town Board of the Town of Patterson is considering the establishment of the Deerwood Drainage District in the Town of Patterson, which district would service the several parcels encompassed by the lands described on the attached Schedule “A” and
WHEREAS, a certified copy of the Order of this Board calling for a hearing thereon, which order is dated the 27th day of September, 2006, was duly and regularly published in the Putnam County Press on October 11, 2006, and certified copies thereof were duly posted in accordance with law, and
WHEREAS, a public hearing having taken place at the Patterson Town Hall, 1142 Route 311, Town of Patterson, Putnam County, New York on October 25, 2006 at 7:30 p.m. at which time all persons interested in this matter were heard, and
WHEREAS, the improvements proposed consist of eleven detention/water quality basins as shown on Drawings AP-1 and AP-2 of the construction drawings prepared for the Deerwood Subdivision last revised on October 25, 2001, and
WHEREAS, the expense occasioned to construct the improvements for the Deerwood Subdivision shall be borne by the subdivider of the property, who subsequent to their construction shall relinquish control of the drainage structures to the Town of Patterson as administrators of the District, and
WHEREAS, the costs to the District will be assessed to the property owners participating in the district on a benefit basis using a per unit assessment with each residential home equaling one benefit unit, and
WHEREAS, that the cost of the District to a typical property has been estimated to be three hundred ($300.) dollars per year for the future operation and maintenance.
NOW ON MOTION OF Ginny Nacerino, seconded by Ernest Kassay, all members present voting therefore;
IT IS HEREBY FOUND, ORDERED AND DETERMINED, by the Town Board of the Town of Patterson that notice of the hearing was published and posted as required by law, and is otherwise sufficient; that it is in the public interest to establish of the Deerwood Drainage District in the Town of Patterson; that all of the property, and property owners within said Deerwood Drainage District are benefited thereby; and that all of the property and property owners benefited are included within the limits of the proposed drainage district, and it is further;
ORDERED, that the Deerwood Drainage District shall encompass those parcels of property set forth on the attached Schedule “A”, and it is further;
ORDERED that the improvements are to be installed and paid for by the developer, and at no cost to the benefited property owners, prior to the Town of Patterson assuming responsibility for the operation of the drainage district, and it is further;
ORDERED that the expense occasioned by the establishment of the Deerwood Drainage District shall being assessed, levied, and collected from the several lots and parcels of land within said district, as set forth on the attached Schedule A, in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom, and it is further;
ORDERED that the costs to the District will be assessed to the property owners participating in the district on a benefit basis using a per unit assessment with each residential home equaling one benefit unit, and it is further;
ORDERED that the cost of the District to a typical property will be three hundred ($300.) dollars per year for the operation and maintenance thereof; and it is further;
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TOWN BOARD MEETING
ORDERED that there will be no cost for the capital improvements, and it is further;
ORDERED that there will be no hook-up fees for the district, and it is further;
ORDERED, that this Resolution shall be subject to permissive referendum pursuant to Article 7 of the Town Law of the State of New York, and that the Town Clerk is hereby authorized and directed within ten days after the adoption of this resolution to cause to be published at least once in the Putnam County Press, a newspaper designated as the official newspaper of the Town for such publication, and posted on the sign board of the Town, a notice which will consist of this resolution in its entirety including any attachments and schedules.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
EMPLOYEE PROPOSAL
Mrs. Nacerino stated we received a proposal from Melissa
Brichta for new responsibilities in her memo dated
Mrs. Nacerino made a motion to accept a change in job responsibilities for Melissa Brichta.
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Mr. Griffin stated do we have a plan for covering the Planning Board at this point.
Melissa Brichta stated I guess we’re going to get together and discuss it and go from there and we’ll all be on the same page.
PLANNING – TRAINING REQUESTS
Mrs. Nacerino made a motion
to provide Melissa with the opportunity to attend a computer class on November
7, 9, 14 and 16, 2006 from
Seconded by Mr. Kassay. All In Favor: aye. Carried.
MICHAEL
BURDICK FARMS – FOLLOW-UP
Mr. Tom Diorio,
Attorney for Mr. Mancini, stated we have a contract and an agreement between
Mr. Condito and (inaudible) to sell with the right of way road strip if you
need more by
PATTERSON TOWN BOARD
TOWN BOARD MEETING
so the six month period whether the Town, Mr. Condito or Bob Mancini would make an effort to talk to you to see what we could do to salvage the barn or at least parts of it. If not, then we have a bonding contract with somebody who would demolish the structure and that (inaudible) process be picked up between Mr. Condito’s developer and Bob Mancini but they would split the cost on that. We have a binding agreement so he understands that that’s not going to go into effect for six months. He’ll sign now but the structure would not be touched for six months to see if anyone would want to take the barn.
Mr. Griffin stated Anthony your review of the agreement; is the agreement based on the receiving of a final subdivision approval by the Patterson Planning Board and if they don’t get it is the deal null and void.
Mr. Anthony Molé, Town Attorney, stated even before that. the deal is null and void if the Town never takes transfer, never takes conveyance of the land to the Town. If the Town doesn’t gain title to the property, all those agreements are null and void and the Town is under no obligation. Based on the time line the Town, if it chose to do so, would most likely take title to the property before the subdivision approval is finally granted. It is more dependent on gaining title than it is on the subdivision approval.
Mr. Griffin stated in the resolution it states “Robert Mancini and Vista Development, LLC have executed a residential contract of sale in which Vista Development, LLC will purchase from Robert Mancini the portion of property which has been deemed appropriate by Stantec Consulting Services, Inc. to make improvements to Bullet Hole Road which may become necessary as a result of the proposed subdivision, if said subdivision should receive a grant of final subdivision approval by the Patterson Planning Board.” So is this deal a private contractor sale between you and Mr. Condito subject to the approval by the Planning Board.
Mr. Diorio stated actually the Town Board would sign the contract agreeing to certain provisions of the contract which (inaudible) Town would be involved in. We anticipate that if the Board goes along with this today we would probably end up transferring title as early as next week to the Town.
Mr. Griffin stated with that provision.
Mr. Diorio stated with that provision.
Mr. Griffin stated that if
Mr. Diorio stated no.
Mr. Griffin stated we still get the land and we still get you to take the barn down.
Mr. Diorio stated you would still get everything (inaudible). I think Mr. Condito is at the point now where the issues with the Planning Board are relatively minor and he’s comfortable going forward at this point.
Mr. Griffin introduced the following Resolution for Authorization to Sign Agreements Regarding Relocation or
Demolition of the Barn on Bullet Hole Road
R1006-07
WHEREAS, Vista Development, LLC (“Vista”) has pending with the Patterson Planning Board an application for a subdivision known as Burdick Farms Subdivision, located on Bullet Hole Road in the Town of Patterson, and
WHEREAS, the Planning Board has expressed its concern regarding the inadequacy of the roadway for access to the subdivision, and that road improvements may become necessary to provide safe access to the subdivision, and
PATTERSON TOWN BOARD
TOWN BOARD MEETING
WHEREAS, a portion of property belonging to Robert S. Mancini (“Mancini”), located opposite the proposed subdivision on Bullet Hole Road, would be necessary to perform any road improvements in the area of Bullet Hole Road in which the residents of the proposed subdivision would gain access to their properties, and
WHEREAS, Robert S. Mancini and Vista Development, LLC have
executed a Residential Contract of
WHEREAS, the portion of the Mancini property to potentially be conveyed to the Town of Patterson for purposes of improving Bullet Hole Road contains a barn, and
WHEREAS, an Agreement has been proposed by Mancini and Vista whereby the barn would be either relocated or demolished and removed pursuant to the terms of said Agreement, which provides in part that Mancini and Vista would each pay half the cost of such work, a copy of which is annexed hereto and made a part hereof, and
WHEREAS, attached to the aforementioned Agreement is a proposal and a Demolition Agreement of R. C. Torre Construction Corporation, to perform the demolition work if the barn cannot be relocated in the time frame set forth in said Agreements, and
WHEREAS, Curtiss, Leibell & Shilling, P.C., the Patterson Town Attorneys, have reviewed and approved of the form of the aforementioned Agreements, and Stantec Consulting Services, Inc. has reviewed and approved of the portion of property to be transferred to the Town of Patterson as the portion of property necessary for any future road improvements that may become necessary as a result of the proposed subdivision, and
WHEREAS, the Town Board of the Town of Patterson finds that it is in the best interest of the public health, safety and welfare of the residents of the Town of Patterson to remove or demolish the aforementioned barn pursuant to the terms of the Agreements attached hereto, including the exhibits attached thereto, subject to the Town of Patterson acquiring title to the aforementioned portion of the Mancini property,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the terms of the Agreements and Exhibits attached thereto, a copy of which is annexed hereto and made a part hereof, and finds that it is in the best interest of public health, safety and welfare of the residents of the Town of Patterson to remove or demolish the aforementioned barn pursuant to the terms of the Agreements attached hereto, including the exhibits attached thereto, subject to the Town of Patterson acquiring title to the aforementioned portion of the Mancini property, upon the terms, specifications and conditions contained in the Agreements with exhibits annexed hereto, and
BE IT FURTHER RESOLVED, that acceptance by the Town Board of the Agreements annexed hereto is subject to and dependent upon the Town of Patterson acquiring title to the portion of the Mancini property that has been determined by Stantec Consulting Services, Inc., the Town Engineers, to be the property necessary for the improvement of Bullet Hole Road, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
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Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
Mr. Griffin introduced the following Resolution for Authorization to Sign Contract for Transfer of Property
to Town of Patterson
R1006-08
WHEREAS, Vista Development, LLC has pending with the Patterson Planning Board an application for a subdivision known as Burdick Farms Subdivision, located on Bullet Hole Road in the Town of Patterson, and
WHEREAS, the Planning Board has expressed its concern regarding the inadequacy of the roadway for access to the subdivision, and that road improvement may become necessary to provide safe access to the subdivision, and
WHEREAS, a portion of property belonging to Robert S. Mancini, located opposite the proposed subdivision on Bullet Hole Road, would be necessary to perform any road improvements in the area of Bullet Hole Road in which the residents of the proposed subdivision would gain access to their properties, and
WHEREAS, Robert S. Mancini and Vista Development, LLC have executed a Residential Contract of Sale (hereinafter the “Contract”), a copy of which is annexed hereto, in which Vista Development, LLC will purchase from Robert S. Mancini the portion of property which has been deemed appropriate by Stantec Consulting Services, Inc. to make improvements to Bullet Hole Road which may become necessary as a result of the proposed subdivision, if said subdivision should receive a grant of final subdivision approval by the Patterson Planning Board, and
WHEREAS, Curtiss, Leibell & Shilling, P.C., the Patterson Town Attorneys, have reviewed and revised the Contract, and Stantec Consulting Services, Inc. has reviewed and approved of the portion of property to be transferred to the Town of Patterson as the portion of property necessary for any future road improvements that may become necessary as a result of the proposed subdivision, and
WHEREAS, pursuant to the terms of the Contract, the property transferred therein shall be transferred directly to the Town of Patterson once the purchase price therefore has been paid to the Seller by Vista Development, LLC, and
WHEREAS, paragraphs 9, 10, 12, 30, 37, 38, 40 and 41 require the signature of the Supervisor of the Town of Patterson, as such paragraphs involve the Town of Patterson, and
WHEREAS, the Town Board of the Town of Patterson finds that it is in the best interest of the public health, safety and welfare of the residents of the Town of Patterson to acquire the portion of property to be transferred to the Town pursuant to the terms of the Contract and the property description attached thereto, for any future road improvements that may become necessary on Bullet Hole Road as a result of the proposed Burdick Farms subdivision, if such subdivision shall receive a grant of final subdivision approval by the Patterson Planning Board,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Patterson hereby accepts the terms of the Contract referred to herein, and finds that it is in the best interest of the public health, safety and welfare of the residents of the Town of Patterson to acquire the portion of property to be transferred to the Town pursuant to the terms of the Contract and property description attached thereto, upon the terms, specifications and conditions contained in the Contract annexed hereto, for any future road improvements that may become necessary on Bullet Hole Road as a result of the proposed Burdick Farms subdivision, if such subdivision shall receive a grant of final subdivision approval by the Patterson Planning Board, and
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TOWN BOARD MEETING
BE IT FURTHER RESOLVED, that said acceptance of property by the Patterson Town Board is subject to a clear title report and title policy with respect to the portion of property to be transferred, and subject to any and all partial releases of mortgage being properly recorded releasing the subject property from any and all liens, mortgages or other charges against the portion of property described in the Contract to be transferred to the Town of Patterson, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Seconded by Mrs. Nacerino. Roll Call Vote: Mr. Herbst; yes, Mr. Kassay; yes, Mrs. Nacerino; yes, Mr. O’Connor; yes, Mr. Griffin; yes. Roll Call Vote Carried.
SPECIAL COUNSEL – PLANNING BOARD
Mr. Griffin stated in early September we had an issue arise at the end of a Planning Board meeting – a DEIS hearing regarding Patterson Crossing at the recreation center. Comments were allegedly made by Board members that seemed inappropriate on the face. We asked the Town Attorney to investigate. On October 11th the Town Attorney sent a letter to the Town Board essentially saying he felt it would be inappropriate for him to conduct the negotiations and urged us to seek outside counsel.
Mr. Molé stated I would like to apologize to the Board for the delay in something we should have determined earlier. I did some research and realized that representing both the Town Board and the Planning Board while there is an investigation going on between one and the other, I thought it would be ok for us to take statements and then provide it to other counsel for recommendation but I later learned that it may pose a problem in the actual statements obtained if conflict is raised as an issue.
Mr. Griffin stated I received a recommendation for Mr. Randy
L. Braun who is a labor attorney from
Mrs. Nacerino stated I would like to invite him to the Board meeting next week if his schedule permits.
All Board members agreed.
GREENLAND V. TOWN OF
Mr. Griffin stated the Board received a copy of the decision
for Greenlands LLC v. Zoning Board of Appeals of the Town of
Mr. Molé stated yes they received a violation for retail. They came to the Zoning Board for interpretation that their use was an office use which is what the site plan requires. The Zoning Board rendered an interpretation saying they are an office use as long as they comply with what we consider to be an office use. The problem being is “office” is not defined in our code. The court said the way the resolution was worded, even though it doesn’t say the usual language, we put in the resolution as a condition so it’s deemed a condition because there was certain criteria set forth in the actual resolution from the Zoning Board.
Mr.
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executive session this evening.
Mr. Molé stated it is.
Mr. Griffin made a motion
to defer Greenlands LLC v. the Town of
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
Mr. Richard Williams, Town Planner, stated one of the problems that I’m having with the decision that the judge made is we can’t make heads or tails out of it. Does this decision allow retail operations or personal service operations on this site or does it not. What are the ramifications of this decision. It would be helpful if we could get some clarification, in writing, from the Town Attorney.
Mr. Molé stated that’s fine. The decision certainly does not permit retail operations on the site.
Mr. Williams stated the decision is not clear.
Mr. Griffin stated then we are down to the definition of retail and office.
Mr. Molé stated I believe what the Town plans on doing is putting those definitions in the code to alleviate any of those problems. However, the decision does not allow retail on that space. The decision doesn’t overturn the decision of the Planning Board to keep office use only on that site.
Mr. Herbst stated isn’t E-Bay a retail operation.
Mr. Molé stated that is the question. Putting a definition in the code would resolve the problem.
BREWSTER CENTRAL SCHOOLS – KEY COMMUNICATORS
Mr. Griffin stated the BCSD is establishing a key communicators group in order to partner with community leaders and collaboratively advanced excellent education for Brewster’s children and youth. They recognize the need to practice physical constraint at the same time ensure that the children have the necessary skills and educational experiences to be successful. They are inviting elected officials, county service agencies, educational partners, parents, concerned citizens, media, religious leaders, representatives of civic organizations, business leaders and neighbors.
Is anyone interested in becoming involved in this new key
communicators organization. They are
planning to meet on a monthly basis. The
first meeting is on November 2nd at
All Board members decided Ginny Nacerino should do it.
GERALD HERBST
CHANGE OF ZONING REQUEST – ORATOR WOODWARD
Mr. Herbst stated this property is approximately 110 acres.
Mr. Dave Pierro stated it is my recollection that the property is 180 acres in total.
Mr. Herbst stated it is now zoned as commercial property. It was originally zoned as residential and we received a request to change it back to residential. I suspect that if we try to clear the corner on Route 164 and Route 311 that no builder is going to want to do
PATTERSON TOWN BOARD
TOWN BOARD MEETING
that. It’s possible that someone commercial would do it, but the builders won’t go through the expense. Frankly, I’m in favor of leaving the area as commercial.
Mr. Griffin stated Mr. Woodward was approached by a
developer who would like to develop ten estates of approximately 10 to 15 acres
each in the lower area where the house and barns are and approximately three
parcels of 5 to 10 acres each. They
would need some flexibility in zoning depending on the lay of the land and how
it perks. These estates might have small
barns for horses or there might be a central horse barn. The property would be marketed principally in
affluent areas such as
Mr. Kassay stated I would like to give it some thought.
Mr. Herbst stated before we decide we should get more information from him i.e., what his plans are.
Ms. Edie Keasbey stated this is a perfect opportunity to bring the neighbors in to see what ideas they might have. That property is surrounded by residential and I always thought when you changed it to commercial you were ignoring the surrounding properties. I think it has possibilities. I think this might work without causing a lot of uproar.
Mr. Williams stated one of the primary reasons we considered rezoning from residential to commercial was not so much that it was requested by the real estate agent representing Mr. Woodward at the time, but the Town recognized that we needed to create a balance between residential and commercial. Looking at this property there are streams and certain constraints, but in general the topography was such that you could get commercial development on the site. Route 311 is right there and it’s pretty close to I-84. One of the issues Gerry and I discussed today was the intersection at Route 311. Any development on this property is going to impact that intersection and in that case an opportunity for the Planning Board to look at how that intersection may be improved and straightened out. It would be more likely to be funded through a commercial project than it would through a residential project where the return is generally less so that’s also something to consider. I could do a work up as far as the property and the areas of constraints and topography and you could take a look at all the different elements of the property as it relates to both types of development to make a decision. It also might be good for the Board to get permission and walk the property.
The Board decided to review Mr. Williams work up and then make an informed decision.
JUSTICE COURT REQUEST
Mr. Herbst stated the justice court is requesting to purchase two file cabinets for approximately $563.50 each. The money has been received in the form of a grant.
Mr. Herbst made a motion to grant the justice court’s request.
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
Mr. Herbst made a motion to grant the justice court’s request for a budget adjustment for 2006, Line A – 110.2 Justice Equipment for $1,170.00.
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
TOWN PLANNER REQUEST
Mr. Herbst made a motion to approve the Town Planner’s request to purchase an Inspiron 9400 lap top computer for an amount not to exceed $2,700.00.
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TOWN BOARD MEETING
Seconded by Mr. Kassay. All In Favor: aye. Carried.
COMMUNITY ROOM KEYS
Mr. Herbst stated we are losing keys constantly for the community room. Every time it is rented out the keys are not coming back. They are scattered all over Patterson now. I spoke with Putnam Lock. I think the tumblers should be changed and he would make new keys. The tumbler change would be approximately $300.00 and the keys are $8.00 each and I would order 15 of them. The new keys can not be duplicated. The only people who could duplicate it would be a Town official or someone with written permission from a Town official. In the future, the Town Clerk’s office is going to charge $25.00 for a deposit on the keys given out and the money would be returned when the key was handed in. I will talk to the Seniors and the Rotary to let them know what is going on.
Mrs. Nacerino stated this is a great idea to have a deposit for the keys.
Mr. Griffin stated why do we need so many keys, just get ten.
Discussion ensued regarding the keys and who would get them, what door would it be, etc.
EXECUTIVE SESSION – LEGAL/PERSONNEL
Deferred until end of meeting.
Mr. O’Connor stated many of us remember when the old Town Hall
was renamed as the Larry Lawlor building when Mr. Lawlor died. He was a veteran of this Board and the Town
Supervisor for many years. The Hudson
Valley Trust agreed that they would retain the name. The building, located at the intersection of
Routes 164 and 311, is going to be rededicated to Larry Lawlor on
OUTDOOR BURNING
Mr. O’Connor stated we had a public hearing on October 11th on an amendment to the Town code entitled Burning Permits and Outdoor Fireplaces. We tabled the item for a change in clarification.
Mr. O’Connor introduced the following Resolution of Adoption Local Law No. 9 of 2006
R1006-09
WHEREAS, an amendment to Patterson Town Code Chapter 68, entitled “Burning Permits and Outdoor Fireplaces”, has been introduced before the Town Board of the Town of Patterson, as Local Law I-9 of 2006, and
WHEREAS, a public hearing was held on
WHEREAS, public discussion was heard at such hearing concerning the merits of said introductory local law, and
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WHEREAS, the Town Board of the Town of Patterson wishes to amend Chapter 68, entitled “Burning Permits and Outdoor Fireplaces”, which amendment will revise Chapter 68 with regard to burning permits and outdoor fireplaces in the Town of Patterson, and
WHEREAS, in accordance with Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act) and 6 NYCRR Part 617 of the implementing regulations the action under consideration constitutes an UNLISTED ACTION, and
WHEREAS, the Town Board of the Town of
THEREFORE BE IT RESOLVED, that the Town Board of the Town of
1. The proposed local law will not create a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels.
2. The proposed local law will not create a substantial increase in potential for erosion, flooding, leaching or drainage problems.
3. The proposed local law will not create a substantial increase in traffic or the use of existing infrastructure.
4. The proposed local law will not create a removal or destruction of large quantities of vegetation or fauna, nor will there be any significant impacts on habitat areas.
5. The proposed local law will not create a significant impairment of the character or quality of important historical, archeological, architectural or aesthetic resources.
6. The proposed local law will not create a significant impairment of existing community or neighborhood character.
FURTHER BE IT RESOLVED, that the Town Board pursuant to 6 NYCRR Part 617.7 issues a NEGATIVE SEQRA Determination.
AND FURTHER BE IT RESOLVED, that the Town Board of the Town of Patterson hereby amends Chapter 68, entitled “Burning Permits and Outdoor Fireplaces”, in the form and manner as provided below, which amendment will revise Chapter 68 with regard to burning permits and outdoor fireplaces in the Town of Patterson, and
BE IT FURTHER RESOLVED, that Introductory Local Law I-9 of
2006 of the Town of
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
Seconded by Mr. Herbst. All In Favor: aye. Carried.
ZBA REQUEST – CODE CHANGES – SET PUBLIC HEARING
Mr. O’Connor stated we received a proposal for amendments to
Chapter 154 of the
Mr. O’Connor made a motion
to hold a public hearing on
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Seconded by Mr. Herbst. All In Favor: aye. Carried.
ERNEST KASSAY
VACATION REQUEST
Mr. Kassay made a motion
to approve the vacation requests dated
Seconded by Mr. O’Connor. All In Favor: aye. Carried.
OTHER BUSINESS
None.
PUBLIC RECOGNITION
Mr. Richard Reinhardt stated I would like to know the status of Patterson Crossing.
Mr.
Mr. Reinhardt stated is the Town counsel of Patterson also
the Town counsel for
Mr. Griffin stated not in this matter. The Town of
Mr. Reinhardt stated I made comments at the public hearing and I just wanted an update on it.
Mr. Mike Jaffe stated I was here at the last meeting regarding the burning issue. My concern is did you address the issue of the units that burn material to heat water that are outdoors.
Mr. O’Connor stated I haven’t spoken with the building inspector yet. He was looking into that and trying to find where they are. We do have restrictions on those in the code. He is looking into whether or not those restrictions and regulations are being complied with.
Mr. Jaffe stated in principal, the idea of this type of burning is ok provided it meets certain regulations.
Mr. O’Connor stated yes.
Mr. Jaffe stated where could I find those restrictions.
Mr. O’Connor stated give me your phone number and I will call you and read them off to you. We have a code book and if you go online, you can download them.
Mr. Matt Spinder,
Mr. Griffin stated there are four properties and there has been discussion about what to do with that property after the fact which will be about 18 months to two years from now.
Mr. Spinder stated is Covington Greens going to be tapping into the Dorset Hollow water district.
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Mr. Griffin stated they sent a letter to the Town requesting consideration for that. I have asked the Town Planner and the Town Engineer to give the Board an overview or brief consideration of that. There is always some economy or scale with more people in it, however your system was sized specifically for your project so there’d be extensive amounts of add on additional work; the system would have to be expanded, there would be more wells required, etc.
Mr. Spinder stated I thought it was three properties and you said four potential home sites in the development and now an additional 48 units from Covington Greens and we get a letter every summer that says we can’t water our lawns and wash the cars because the water system wasn’t even designed to support Dorset Hollow and I wasn’t sure how we were going to add 52 more home sites.
Mr. Griffin stated it would give us an opportunity to make the expansions that would be necessary so that we could have better supplies for everyone and maybe avoid some of the problems that we currently have. Water on a regular basis is about 15,000 to 16,000 gallons a day and in the summer it goes up to 30,000 or 40,000 gallons a day. It might present an opportunity to get (inaudible) scale with more homes involved; it may reduce the costs. Alpine water district cost of operations is very similar – there are 80 homes there and the bill is significantly less. The testing is the same. Once the wells are in and the capital costs are accomplished the operations costs would be spread out amongst more home owners and probably reduce the operations and maintenance costs.
Mr. Spinder stated there is no problem or potential problem with having the sewer treatment plant located so close to the wells.
Mr. Griffin stated not that I’m aware of.
Mr. Spinder stated assuming everything functions properly, that’s great but if something doesn’t function properly are we going to have a problem with contamination.
Mr. Griffin stated it is unlikely. Even if the plant had a problem, any overflow would be directed away from the wells toward the stream.
Mr. Jaffe stated if there is discussion and research into the possibility of expanding that water district, you should give some consideration to the addition of water supply for firefighting purposes for Dorset Hollow and Covington Greens.
Mr.
There being no further business, Mr. Herbst made a motion
to go into Executive Session at
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Mr. Herbst made a motion to close Executive Session
at
Seconded by Mrs. Nacerino. All In Favor: aye. Carried.
Mr. Griffin called the meeting back to order at
Mr. Herbst made a motion to proceed with the personnel disciplinary action that was discussed in executive session and to designate Peter Prosper as the hearing officer with respect thereto.
PATTERSON TOWN BOARD
TOWN BOARD MEETING
Seconded Mrs. Nacerino. All In Favor: aye. Carried.
There being no further business, Mr. Herbst made a motion
to adjourn the Town Board meeting at
Seconded by Mr. Kassay. All In Favor: aye. Carried.
Respectfully submitted,
________________________________________________
Antoinette Kopeck, Town Clerk