REGULAR
MEETING OF THE TOWN BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK,
HELD
AT THE KELLOGG ROAD COMMUNITY CENTER
BUILDING
ON WEDNESDAY, SEPTEMBER 6, 2006 AT 6:00 P.M.
The Town Supervisor called the meeting to order at 6:00 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. The roll was then taken with the following Town Officials and Department Heads being present during the progress of the meeting:
TOWN BOARD MEMBERS: Councilman Robert A. Payne III
Councilman John C. Waszkiewicz III
Councilman David M. Reynolds
Councilman Richard B. Woodland, Jr.
Supervisor Earle C. Reed
OTHER TOWN OFFICIALS: Highway Superintendent Roger A. Cleveland
Parks & Recreation Director Michael W. Jeffery
Planner Kurt Schwenzfeier
Police Chief Raymond Philo
Town Attorney Gerald Green
Town Clerk Gail Wolanin Young, CMC/RMC
Thereafter, a quorum was declared present for the transaction of business.
After reviewing minutes that had been mailed to all Board members, Councilman Reynolds introduced the following Resolution for adoption, seconded by Councilman Woodland:
(RESOLUTION NO.
242 OF 2006)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting on July 12, 2006 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilman Waszkiewicz - Aye
Councilman
Reynolds - Aye
Councilman Woodland - Aye
Councilman
Payne - Aye
Supervisor
Reed - Aye.
September 6, 2006
Page 2
The Resolution was
declared unanimously carried and duly ADOPTED.
Stormwater
Drainage Issues:
Robert Giglio inquired if the Town had any solution to the stormwater drainage problems on Mallory Road that he had presented at the August Town Board meeting. The Town Supervisor responded that the matter will be discussed in Executive Session and that the Town will have an extensive stormwater drainage program for 2007. Although there is no solution tonight, the Town is addressing the situation. Councilman Payne will follow up with the Highway Superintendent.
Parks
and Recreation Director:
Supervisor Reed complimented the Parks and Recreation Director on the season-end employee picnic and Director Jeffery’s good working relationship with the employees.
Upon recommendation of the Parks and Recreation Director, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Payne:
(RESOLUTION NO.
243 OF 2006)
RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Parks and Recreation Department, commencing September 6, 2006 and ending in March 31, 2007; all wages to be paid bi-weekly:
Diane Muller Pool Director $11.25/hour
Anna Wanner Assistant Pool Director $ 9.75/hour
Lindsay Mundrick Lifeguard $ 7.95/hour
Emily Masi Lifeguard $ 7.95/hour
Lauren Graniero Lifeguard $ 7.95/hour
John Monaghan Sub Lifeguard $ 7.95/hour
Craig Sherman Locker Attendant $ 2.70/hour.
Whereupon, the Town Board voted upon roll call:
September 6, 2006
Page 3
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Upon recommendation of the Parks and Recreation Director who acknowledged receipt of the Certificate of Liability Insurance naming the Town as an additional insured, Councilman Waszkiewicz introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
244 OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement between the Town of New Hartford and the New Hartford Figure Skating organization, the latter of whom is reserving and paying for ice time at the Recreation Center for the 2006-2007 Season.
Upon roll call, the Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Upon recommendation of the Parks and Recreation Director who acknowledged receipt of the Certificate of Liability Insurance naming the Town as an additional insured, Councilman Waszkiewicz introduced the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
245 OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement between the Town of New
September 6, 2006
Page 4
Hartford and Skaters Edge, the latter of which will operate a skate rental, sharpening and pro shop for a three-year duration at the Recreation Center.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Parks and Recreation Director Michael Jeffery announced receipt of a $15,000 grant from the Community Foundation, toward construction of the Veterans Memorial Park that will be dedicated on Sunday, September 17, 2006.
The Parks and Recreation Director had received a written request from a Janet Terrace resident who wished to plant perennials at the Janet Terrace cul-de-sac. Director Michael Jeffery discussed concerns that the resident(s) be responsible for plantings and maintenance and that he be provided with a plan of the type of plantings and any changes. Councilman Waszkiewicz raised the question of liability for the Town, citing a similar instance for the Sedgewick Park cul-de-sac; Attorney Green had no objections and the Town Board thought this is a wonderful idea.
Town
Clerk:
Fireworks Display Permit(s)
Upon presentation by the Town Clerk and Police Chief, the following Resolution was introduced for adoption by Councilman Woodland and seconded by Councilman Reynolds:
(RESOLUTION NO.
246 OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Town Clerk, who has received two (2) Applications for a Fireworks Permit and the appropriate Certificates of Insurance naming the Town of New Hartford as an additional insured, to issue to the Yahnundasis Country Club a Fireworks Display Permit for the display of fireworks upon their premises at 8639 Seneca Turnpike, New Hartford,
September 6, 2006
Page 5
NY on September 30, 2006 at 9:00 P.M., in accordance with the State Penal Law and regulations set forth in said Permit; and be it
Chief Philo reported that both applications meet the State Penal Law and he approved the location; at the same time, the Town Board might want to take this opportunity to change its standards on fireworks – more people are requesting a fireworks display for a variety of celebrations. He suggested adopting the National Fire Protection Agency (NFPA) regulations and added that no action is needed immediately. The State requirements are more liberal than the NFPA. Thereafter, the Supervisor polled the Board members who voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Police
Chief:
Upon recommendation of the Police Chief, Councilman Reynolds introduced the following Resolution for adoption; seconded by Councilman Woodland:
(RESOLUTION NO.
247 OF 2006)
WHEREAS, Part-time Animal Control Officer Frank McCully has resigned for employment with another municipality, leaving a vacancy in said position;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Nicholas J. Morosco to fill the vacancy of Part-time Animal Control Officer, effective September 7, 2006, at an hourly wage of Ten Dollars and Ninety-three Cents ($10.93), payable bi-weekly.
The foregoing Resolution was duly put to a vote upon roll call as follows:
September 6, 2006
Page 6
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
The following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO.
248 OF 2006)
WHEREAS, Daniel Appler had retired from the New Hartford Town Police Department on June 25, 2005; and
WHEREAS, at the time of Officer Appler’s retirement, negotiations were in progress for the Police Benevolet Association Union Contract for the fiscal years 2005 through 2009, inclusive; and
WHEREAS, the PBA Union Contract had been ratified in 2006 and now provides for health insurance for retired police officers with the following stipulations to be eligible:
· the retired police officer must turn in one hundred (100) sick days to the Town of New Hartford
· the retired police officer must contribute Fifteen Percent (15%) of the total annual cost of the health insurance
and
WHEREAS, because Officer Appler had been paid for his unused sick days at the time of retirement, he would be required to reimburse the Town for one hundred (100) sick days to become eligible for retiree health benefits; i.e., a total of Twenty-two Thousand One Hundred Fifty-two Dollars [2005 hourly wage of $27.69 x 800 hours (100 days)]; and
WHEREAS, Officer Appler has expressed his willingness to reimburse the Town the total sum of Twenty-two Thousand One Hundred Fifty-two Dollars and has further requested that the Town allow this repayment over a period of seventy-two (72) months;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby grant permission for retired Officer Daniel Appler to reimburse the Town for one
September 6, 2006
Page 7
hundred (100) sick days, i.e., a total of Twenty-two Thousand One Hundred Fifty-two Dollars, over a period of seventy-two (72) months and which repayment schedule will allow retired Officer Appler to become eligible for retiree health insurance benefits in accordance with the PBA Union Contract covering fiscal years 2005 through 2009, inclusive.
Whereupon, the Town Board members voted by roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Highway
Superintendent:
Stormwater Drainage
Councilman Payne acknowledged that the Town had received the inventory ranking form from the Oneida County Soil and Water Conservation District to use it in evaluating drainage issues. After having reviewed the County’s form, the Highway Superintendent believed it is appropriate and more comprehensive than others; he has reviewed several situations and rankings and thinks the form needs a bit “tweeking” but he could work with it. Councilman Waszkiewicz would like to incorporate the old priority listing [existing database] compiled in a 1993 study with the new listing and further suggested that the Highway Superintendent, Senior Engineering Technician and at least one member of the Public Works/Sewer Committee establish a priority listing for each resident as they fit in with the combined criteria. The Highway Superintendent acknowledged awareness of the existing database and that the two need to be melded.
Thereafter, Councilman Waszkiewicz offered the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
249 OF 2006)
September 6, 2006
Page 8
The Town Board voted upon roll call, resulting as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
With regard to stormwater drainage problems arising from the July 12 and July 29, 2006 storms, the Highway Superintendent reported that his Department has gone through virtually every major water course in the Town and made improvements including rip rap and trash racks, etc. in areas such as Elm and Oneida Streets, Grange Hill Road, Woodberry Hills, etc. Crews have been fixing washouts along roads and other problem areas. He gave much credit to his Deputy who has guided the work in an effort to protect public infrastructure and the health, welfare and safety of Town residents.
Councilman Waszkiewicz introduced the following Resolution for adoption and Supervisor Reed seconded same:
(RESOLUTION NO.
250 OF 2006)
RESOLVED that the Town Board of the Town of New Hartford does hereby declare itself as Lead Agency in the matter of the Town-wide Stormwater Improvement Project, thereby opening the State Environmental Quality Review (SEQR) process for this Project and Bond.
Highway Superintendent Cleveland stated that it was not necessary to circulate this matter among state/local agencies. Thereafter, the Supervisor polled the Board members who voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
September 6, 2006
Page 9
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
SEQR Negative Declaration/Close Process – Town-wide
Stormwater Improvement Project and Bond
Councilman Payne offered the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
251 OF 2006)
RESOLVED that the New Hartford Town Board does hereby unanimously vote to close the State Environmental Quality Review (SEQR) process for the Town-wide Stormwater Improvement Project and Bond and does hereby unanimously adopt the determination and findings set forth in the Negative Declaration (SEQR), Notice of Determination of Non-Significance, which will be filed in the Town Clerk’s Office.
A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and duly ADOPTED. Highway Superintendent stated that the SEQR paperwork would now be filed with Bond Counsel.
The Highway Superintendent reported that the Federal Emergency Management Agency (FEMA) has denied the requested extension of inclusion dates to include the dates in July of 2006 when the Town of New Hartford experienced two (2) extraordinarily severe storm events. Highway Superintendent Cleveland indicated that he would be contacting
the Town’s State Legislators to both appeal the decision and to ascertain if State level assistance would be forthcoming
Councilman Waszkiewicz submitted a draft press release for review and approval by the Oneida County Soil and Water Conservation agency with regard to FEMA funding related to the devastation caused by the July 12 and July 29th storms. It was the intent to provide affected property owners – in conjunction with the Town’s appeal to the State –
September 6, 2006
Page 10
with assistance. Due to the magnitude of residents and the Town who were impacted, there is a need to extend the deadline to apply for individual funding.
Upon recommendation of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
252 OF 2006)
WHEREAS, the Highway Superintendent has received a petition from the Camden Way property owners who have requested the installation of public water to their properties
and which properties are currently being serviced by individual wells; and
WHEREAS, said Camden Way residents have requested that the Town of New Hartford take measures to determine the cost for installation of domestic water to their various properties;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the Highway Superintendent to begin exploring and working with the Camden Way residents and the Mohawk Valley Water Authority to determine the size of pipe, length of pipe and cost associated with extending water to the Camden Way properties.
The Town Supervisor polled the Board members who voted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Upon recommendation of the Highway/Sewer Superintendent, the following Resolution was offered for adoption by Councilman Payne and duly seconded by Councilman Waszkiewicz:
(RESOLUTION NO. 253
OF 2006)
WHEREAS, when the New Hartford Sewer Improvement Area No. 1 (NHSIA #1) and subsequent Consolidated Sewer District had been established in the early 1970’s and
September 6, 2006
Page 11
early 1990’s, respectively, there were certain underdeveloped areas in the Town which were not included within the District boundaries; and
WHEREAS, the Town of New Hartford has established policy in the past to enter into a contract with property owners outside the Sewer District boundaries to be serviced by the Consolidated Sewer District and for which the property owner is billed annually for such service, said rate being established in the Town’s Annual Budget; and
WHEREAS, a residence is currently being constructed on Mohawk Street, approximately one hundred (100) feet from the boundary of the Consolidated Sewer District, and the homeowner has agreed to enter into a service contract with the Town of New Hartford for sewer service;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement for Sewer Service outside the Consolidated Sewer District with Richard Thomas, for property identified as Tax Map Parcel No. 350.000-3-29.5 and located on Mohawk Street near the Elm Street intersection; in said Agreement, the Town will provide the sewer lateral necessary to provide sewer service and the property owner will be responsible for installation of said sewer lateral from the District boundary to said property. The Town will annually bill the property owner of said Parcel No. 350.000-3-29.5 for sewer service, said rate being set forth in future Town Annual Budgets.
The foregoing Resolution was duly put to a vote upon roll call that resulted as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Infiltration and Inflow Study (IIS)
Upon recommendation of the Highway Superintendent, Councilman Waszkiewicz offered the following Resolution for adoption and Councilman Payne seconded same:
(RESOLUTION NO.
254 OF 2006)
RESOLVED that, because of potential developments that will be tributary to the Oneida County Sewer Pump Station, the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute an Agreement with Schumaker
September 6, 2006
Page 12
Engineering who will perform an infiltration and inflow study of the sewers in three (3) phases:
the cost of said infiltration/inflow study shall not exceed Ten Thousand Dollars ($10,000).
Highway/Sewer Superintendent Cleveland stated that if the Town doesn’t initiate steps now, the Town could be faced with removal of clean water as the homes are being constructed. A roll call vote ensued:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Upon recommendation of the Highway Superintendent, who noted that the Town has been involved for a number of years in shared service agreements with several local agencies as well as Oneida County, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Woodland:
(RESOLUTION NO.
255 OF 2006)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to enter into and to execute a Shared Services Agreement between the Town of New Hartford and Oneida County.
The Town Board members voted upon roll call:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
September 6, 2006
Page 13
The Resolution was then declared unanimously carried and
duly ADOPTED.
New
Sidewalks and Trail ways – Comprehensive Plan
Because Town residents have expressed a desire for sidewalks and trail ways, the Highway Superintendent suggested that the Town Board create a Sidewalk Committee during Autumn 2006 for discussion purposes; he has included a line item in the 2007 Highway budget for new sidewalks. The goal of the Committee would be to develop a plan and budget a small amount of money.
Highway Superintendent Cleveland presented a letter addressed to the Town Board from Hans G. Arnold who asked the Town Board’s consideration on the matter of sidewalks that he’d been working on for about sixteen (16) years:
Mr. Arnold offered to serve on a committee to prepare a Town Sidewalk Plan. He also suggested that any future Sidewalk Plan Committee establish a top priority of a new sidewalk along Paris Road from the boundary line of the New Hartford Village, proceeding south to the intersection of NYS Route 12 (New Paris Road), and then connecting to the Sherrillbrook Park.
Councilman Waszkiewicz noted that a prior Town Board administration had adopted regulations in Chapter 102 [STREETS AND SIDEWALKS] of the Town Code to make the property owner responsible for sidewalk maintenance, thereby limiting liability on the Town.
Councilman Waszkiewicz reported that the Highway Superintendent and he would meet after the September 8, 2006 meeting with the NYS Department of Transportation, to finalize the signage for NYS Route 840 [Judd Road].
Assessor
Committee:
Upon request of the Town Assessor, the following Resolution was introduced for adoption by Councilman Payne and duly seconded by Councilman Waszkiewicz:
September 6, 2006
Page 14
(RESOLUTION NO.
256 OF 2006)
WHEREAS, Section 77-b of the General Municipal Law allows the governing board of municipalities to authorize any officer or employee to attend a convention, conference or school conducted for the betterment of such municipality;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby grant permission to Assessor Paul Smith to attend the NYS Assessors Conference from September 17 through September 21, 2006 in Lake Placid, New York with expenses to be borne by said Town as budgeted.
The Resolution was voted upon by roll call as follows:
Councilman Waszkiewicz - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
With regard to discussions over the past eight (8) months about relocating the Assessor’s Office from the Sanger Public Works Garage to Butler Memorial Hall, Councilman Payne inquired if the Town Board was ready to move forward with this matter; he was discussed the matter with New Hartford Village Mayor Donald Ryan and the Village is open to this move. The matter will be discussed at the next Town Board meeting.
Councilman
Payne:
Councilman Payne has been working with Trainor Associates to post the Town’s assessment information on the new Website; this had formerly been available on the Website hosted by James and Catherine Lawrence. Also, the Assessor is working with grant writer Connie Miner for funding to place photos on the Web. More information will be available at the next Town Board meeting.
Councilman Payne is working with the Highway Superintendent on updating lighting appurtenances in various buildings that could save the Town $2,200 to $3,000 a month in energy costs.
September 6, 2006
Page 15
Councilman
Waszkiewicz:
Agenda items:
Thereafter, Councilman Waszkiewicz introduced the following legislation for the Town Board’s consideration at a future Public Hearing; co-sponsored by Councilman Payne:
TOWN OF NEW HARTFORD, NEW YORK
LOCAL LAW
INTRODUCTORY “D” OF 2006
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
Section 118-60. Additional height requirements
The existing paragraph shall become A. and the words “..transmission and
communication towers and cables..” shall be deleted from the first sentence
in paragraph A.
Add New Paragraph:
B. Communication and transmission towers and cables shall be a maximum
of 100 feet.
Page 16
(Attachment 4:6) HDR – High-Density Residential District
(Attachment 4:7-8) RB1 – Retail Business District
(Attachment 4:9-10) RB2 – Retail Business 2 District
(Attachment 4:11) RB3 – Office Business District
(Attachment 4:13) M – Manufacturing District
(Attachment 4:15) PO – Professional Office District
(Attachment 4:16) PHB – Planned Highway Business District
(Attachment 4:17) PDMH – Planned Development Mobile Home District
(Attachment 4:18) PDMU – Planned Development Mixed Use District
shall be changed so that all Public Utility(ies) shall have a Maximum Height of one hundred (100) feet.
SECTION 3. All other provisions of Chapter 118 of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.
SECTION 4. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State.
239-Review – Local Law Introductory “D” of 2006
Councilman Waszkiewicz then offered the following Resolution for adoption; seconded by Councilman Payne:
(RESOLUTION NO.
257 OF 2006)
WHEREAS, the Town Board has introduced legislation, i.e., Local Law Introductory “D” of 2006 to amend Town Code, Chapter 118 [ZONING] to limit the height of public utility structures;
NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby declare itself as Lead Agency in the aforementioned matter; and be it
FURTHER RESOLVED that the said Town Board does hereby refer Local Law Introductory “D” of 2006 to the Oneida County Planning Department and to the Town Planning Board for their review and written recommendation pursuant to General Municipal Law and the Town’s Zoning Law.
REGULAR TOWN BOARD MEETING
September 6, 2006
Page 17
Upon roll call, the Town Board voted as follows:
Councilman Waszkiewicz - Aye
Councilman Woodland - Aye
Councilman Butler - Aye
Councilman Backman - Aye
Supervisor Humphreys - Aye.
The Resolution was declared unanimously carried and duly ADOPTED. The Town Clerk was asked to withhold referral of this matter to the County and Town Planning departments until Attorney Green reviewed both local law introductories and gives the formal “O.K.” on the legislation.
Local Law Introductory “E” of 2006 – Chapter 107B
[TELECOMMUNICATIONS FACILITIES]
Thereafter, Councilman Waszkiewicz introduced the following legislation for the Town Board’s consideration at a future Public Hearing; co-sponsored by Councilman Payne:
TOWN OF NEW HARTFORD, NEW YORK
LOCAL LAW
INTRODUCTORY “E” OF 2006
BE IT ENACTED by the Town Board of the Town of New Hartford as follows:
Section 107B-5. Approvals and bulk requirements
An area variance for height will be required from the Zoning Board
of Appeals to exceed this height, following initial approval by the
Planning Board.
SECTION 2. All other provisions of Chapter 107B of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.
September 6, 2006
Page 18