REGULAR MEETING OF THE TOWN
BOARD OF
THE
TOWN OF NEW HARTFORD, NEW YORK, HELD
AT
THE KELLOGG ROAD COMMUNITY CENTER
BUILDING
ON WEDNESDAY, MAY 28, 2008 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
Councilwoman Christine G. Krupa
Councilman David M. Reynolds
Councilman Richard B Woodland, Jr.
Supervisor Earle C. Reed
OTHER TOWN OFFICIALS: Codes Enforcement Officer Joseph A. Booth
Highway Superintendent Roger A. Cleveland
Town Clerk Gail Wolanin Young
Thereafter, a quorum was declared present for the transaction of business.
6:01 PM Local Law Introductory “C” of 2008
The Town Clerk had available the Notice of Public Hearing, Affidavit of Posting, and Proof of Publication (May 17, 2008 edition of Observer Dispatch). Also available were the Short Environmental Assessment Form and Negative Declaration prepared by Planner Schwenzfeier.
REGULAR TOWN BOARD MEETING
Codes Enforcement Officer Joseph Booth acknowledged the cooperation and recommendations of the Zoning Law Advisory Committee and input from the Town Planning Board in compiling the Zoning Law update with regard to signs.
Upon inquiry whether anyone present wished to speak for or against Local Law Introductory “C”, there was no one who came forth.
Thereafter, the Town Supervisor declared the Public Hearing closed at 6:04 P.M.
The following Resolution was then introduced for adoption by Councilman Woodland and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
140 OF 2008)
RESOLVED that the Town Board of the Town of New Hartford, as Lead Agency in the matter of amending the Town Code, 1999 Zoning Law, Sections 118-6 and 118-54, by adoption of Local Law Introductory “C” of 2008, does hereby unanimously adopt the determination and findings set forth in the Negative Declaration (SEQR), Notice of Determination of Non-Significance, which has been filed in the Town Clerk’s Office.
Upon roll call, the Town Board voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried and duly ADOPTED.
Councilman Reynolds moved that Local Law Introductory “C” of 2008 be adopted as Local Law No. Two of 2008 in the following format; seconded by Councilwoman Krupa:
TOWN OF NEW HARTFORD, NEW YORK
LOCAL LAW NO. TWO
OF 2008
A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, by amending/adding new definitions on signs to Section 118-6 and by replacing the existing Section 118-54 (Signs) with new language.
Page 3
BE IT ENACTED by the Town Board of the Town of New Hartford, as follows:
SECTION 1. Chapter 118 of the Code of the Town of New Hartford, Section 118-6 is hereby amended as follows:
Section 118-6. Definitions
REPLACE the existing definition of Sign with the following:
Sign — Any device of
any medium affixed to or represented directly or indirectly upon a building,
structure or land and which directs attention to an object, product, place of
activity, person, institution, organization or business, but not including any
flag, badge or insignia of any government or government agency, school or
religious group or of any civic, charitable, religious, patriotic, fraternal or
similar organization, nor any official traffic device. Each display surface
shall be considered to be a sign.
ADD the following new definitions:
Changeable
copy sign - a
sign or portion thereof which has a reader board for the display of text
information in which each alphanumeric character, graphic or symbol is defined
by objects, not consisting of an illumination device and may be changed or
re-arranged manually or mechanically with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the surface of
the sign.
Changeable
copy sign, electronic - a sign or portion thereof that displays electronic,
non-pictorial, text information in which each alphanumeric character, graphic,
or symbol is defined by a small number of matrix elements using different
combinations of light emitting diodes (LED’s), fiber optics, light bulbs or
other illumination devices within the display area. Electronic changeable copy
signs include computer programmable, microprocessor controlled electronic
displays. Electronic changeable copy signs include projected images or messages
with these characteristics onto buildings or other objects.
Electronic
graphic display sign - a sign or portion thereof that displays electronic, static
images, static graphics, static pictures, with or without text information,
defined by a small number of matrix elements using different combinations of
light emitting diodes (LED’s), fiber optics, light bulbs or other illumination
devices within the display area where the message change sequence is
accomplished immediately or by means of fade, repixalization or dissolve modes.
Electronic graphic display signs include computer programmable, microprocessor
controlled electronic or digital displays. Electronic graphic display signs
include projected images or messages with these characteristics onto buildings
or other objects.
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TOWN BOARD MEETING
May
28, 2008
Page
4
Video
display sign - a
sign that changes its message or background in a manner or method of display characterized
by motion or pictorial imagery, which may or may not include text and depicts
action or a special effect to imitate movement, the presentation of pictorials
or graphics displayed in a progression of frames which give the illusion of
motion, including but not limited to the illusion of moving objects, moving
patterns or bands of light, or expanding or contracting shapes, not including
electronic changeable copy signs. Video display signs include projected images
or messages with these characteristics onto buildings or other objects.
SECTION 2. Chapter 118 of the Code of the Town of New Hartford, Section 118-54 is hereby replaced in its entirety with the following text:
Section 118-54 Signs.
A. Intent. It is the intent of the Town of New Hartford that signs contribute to the aesthetic character of the town and do not adversely affect such character.
B. Sign Measurement. The
area of a sign enclosed in frames or cabinets is determined by measuring the
outer dimensions of the frame or cabinet surrounding the sign face.
(1)
Sign area does
not include foundations or supports.
(2) For signs constructed of individual
pieces attached to a building wall, sign area is determined by a perimeter
drawn around all the pieces.
C. General Regulations. A permit is required from the Zoning Enforcement Officer, except for those signs listed in § 118-54F. The following regulations shall apply to all signs, except as listed in § 118-54F.
(1) Signs shall be constructed of wood, plastic, metal, glass, foam or stone.
(2) No sign shall contain flashing, intermittent, rotating or moving lights nor consist of pennants, banners, ribbons or streamers; however, temporary advertising devices including but not limited to inflatables, banners, ribbons, or streamers may be employed on an occasional or temporary basis, not more than three times per year, for periods of up to two weeks, to call attention to special business or related events. Only one such device shall be allowed per business.
(3) Mobile or portable signs or attracting devices are prohibited.
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May 28, 2008
Page 5
(4) No building-mounted sign shall be erected or maintained which extends above the highest roof line or parapet of any building or structure nor shall any building mounted sign be permitted in any Residential, Agricultural, or PDMH zone, except that one building mounted sign shall be permitted in Agricultural zones on working farms only and not exceed 40 square feet in size.
(5) No
building mounted sign shall exceed 1 square foot for every 1 lineal foot of
building fronting on a public street or private parking area and in no case,
exceed 40 square feet in a RB3, RB4, PO, P, PHB, PDP, PDI, or PDREC zone or 80
square feet in an RB1, RB2, M, I, PDMU zone.
Not more than one exterior sign
shall be permitted for each business on each wall facing a street or
parking area and in no case shall more than two, in total, building
mounted signs be allowed per business.
(6) Signs on buildings shall be placed flat against the exterior wall and shall not project more than eight inches from the wall to which they are fixed. No sign shall project beyond the top or side of the wall to which it is fixed. In any district, no sign shall be placed to extend over a sidewalk where it may cause danger to a pedestrian or interfere with circulation or in such a position that will cause danger to traffic on a street by obscuring the view.
(7) Freestanding signs shall not exceed 8 feet in height in any Residential, Agricultural, or PDMH zone, except that working farms may not exceed 15 feet. In any RB3, RB4, PO, P, PHB, PDP, PDI, or PDREC zone the height shall not exceed 15 feet; 25 feet in height in any RB1, RB2, M, I, or PDMU zone. All signs are measured from the average level of ground within a 20 foot radius immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
(8) No Freestanding sign shall be erected having a sign area on one side that exceeds: 2 square feet in any Residential, Agricultural, or PDMH zone, except that working farms be allowed 32 square feet in an Agricultural zone, 32 square feet in any RB3, RB4, PO, P, PHB, PDP, PDI, or PDREC zone, and 64 square feet in any RB1, RB2, M, I, or PDMU zone. No sign shall have more than two sides.
(9) Not more
than one freestanding sign shall be permitted per site except for directional signs that do not exceed four
square feet in sign area and which are limited to such texts as
"entrance," "exit," "no parking," etc. For the
purposes of this provision, a single business or activity shall include all
businesses or activities subordinate to or integrated with that business or
activity located on the same premises as that business or activity.
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May 28, 2008
Page 6
(10) If freestanding signs are used to identify two or more uses in a single structure or per site, the total square footage of a freestanding sign, only, shall be allowed to be doubled per side, except in Residential, Agricultural, or PDMH zones. See 118-B8 for single side limitations.
(11) Freestanding signs shall be placed at a minimum of 5 feet from the front property line measured from the leading edge of the sign and in accordance with all other setback restrictions of the principal use, but in no case obstruct the vision of motorists entering and leaving the premises and shall otherwise not interfere with pedestrian traffic nor interfere with the use and enjoyment of the adjoining property(s).
(12) No sign shall have a source of illumination directed toward a public street or adjacent property.
(13) No sign, other than an official traffic sign or public notice approved by the Town Clerk, shall be erected within the right-of-way line of any public street.
(14) No billboard or sign advertising functions, uses, products or services not pertaining to the premises on which it is located shall be permitted.
(15) Signs allowed to deteriorate or signs that represent a use no longer in existence for a period of 3 months or longer shall be removed.
D. Signs requiring a Special Use Permit. Video displays, electronic graphic display signs, changeable
copy signs, electronic and changeable
copy signs shall be permitted by Special Use Permit in an RB1 zone only.
In addition to the regulations of 118-A, 118-B, and118-C, the
Planning Board of the Town of New Hartford shall review each application on an
individual basis and shall be subject to their discretion in accordance with
Article VI Special Use Permits and the following
regulations:
(1) Brightness. The sign must not exceed a
maximum illumination of 6500 nits (candelas per square meter) during daylight
hours and a maximum illumination of 500 nits (candelas per square meter)
between dusk to dawn as measured from the sign’s face at maximum brightness;
(2) Dimmer
control. Electronic graphic display signs must have an automatic dimmer control
to produce a distinct illumination change from a higher illumination level to a
lower level for the time period between one half-hour before sunset and one
half-hour after sunrise.
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May 28, 2008
Page 7
(3) Audio or
pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in
association with an electronic graphic display sign.
(4) Images or
messages shall be static in nature not streaming or scrolling.
(5) No image
or message may be displayed for less than 3 seconds.
(6) No image
or message shall change without a 3 second pause between images or messages.
(7) The face
or display of the sign shall be placed perpendicular to a public right of way.
(8) Signs of this nature shall not be permitted as wall mounted signs or on buildings in general.
E. Amortization of existing signs. Signs not in compliance with this chapter must be brought into compliance within 10 years of the date of enactment of this chapter.
F. Signs not requiring a permit. The following signs shall not require a permit:
(1) Signs advertising the sale or rental of the premises upon which the sign is located, which shall be limited to one per realtor.
(2) Signs denoting the architect, lending institution, engineer or contractor where construction, repair or renovation is in progress, which shall be limited to one sign per property.
(3) Professional and trade name plates and home business signs. Such signs may be illuminated by external light only and shall be limited to one per person or business.
(4) Signs which mark property boundaries; give directions for roads or trails; prohibit trespassing, hunting, fishing or off-road vehicles; or warn of hazards.
(5) Signs up to two square feet in size, giving the name of the residents of a dwelling or its address. Such signs may be illuminated by external light and shall be limited to one per dwelling.
REGULAR TOWN BOARD MEETING
May 28, 2008
Page 8
(6) Temporary signs, including but not limited to inflatables, banners or pennants, relating to garage, lawn or other individual, nonrecurring sales, for the sale of produce grown or harvested by the property owner where the subject sign is located or for a church bazaar, political campaign, fund drive, parade, fair, firemen's field day or other event or undertaking conducted by a political, civic, religious, charitable or educational organization. Such temporary signs are limited to 32 square feet in size when placed on any property used for commercial purposes and 6 square feet in size when placed on any property used for residential purposes. Additionally, these signs can be displayed for no more than two months and shall be removed within seven days after the termination of the activity being advertised.
(7) No sign, other than an official traffic sign or public notice approved by the Town Clerk, shall be erected within the right-of-way line of any public street. Signs posted in the right of way shall be removed, without prior notice, by the Codes Department, Highway Department, or Police Department. Signs removed from the public right of way shall be retained for no more than ten business days and disposed of thereafter.
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.
A vote upon roll call was duly held and resulted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, Local Law Introductory “C” of 2008 was declared unanimously carried and duly ADOPTED as Local Law No. Two of 2008.
Codes
Enforcement Officer:
REGULAR TOWN BOARD MEETING
May 28, 2008
Page 9
Upon recommendation of the Codes Enforcement Officer, the following Resolution was introduced for adoption by Councilman Payne and seconded by Councilwoman Krupa:
(RESOLUTION NO.
141 OF 2008)
WHEREAS, the Town of New Hartford had adopted on September 24, 1994 a Local Law (Chapter 94 of the Code) regulating property maintenance and which Law prohibits the accumulation of brush, grass, rubbish or weeds on any real property in said Town; and
WHEREAS, the Town Codes Enforcement Officer has received complaints about high grass and debris upon premises located at 27 Arlington Terrace, Tax Map Parcel No. 329.016-10-13, owned by Peter J. Bizzari whose last known address is 27 Arlington Terrace, Utica, New York 13501; and
WHEREAS, the property appears to be abandoned, and according to newspaper print, the property owner has defaulted;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the Codes Enforcement Officer to give written notice, via certified mail with return receipt requested, to Peter J. Bizzari at his last known address as appears on the latest assessment roll of said Town, to spray, remove, cut or trim the same as may be necessary to remove such hazard or nuisance. Such notice shall direct that such hazard or nuisance be removed within ten (10) days of the mailing of such notice. Should the property owner fail to comply with abating the hazard or nuisance within the ten (10) day period, the Town shall abate the same, including securing the residence, through the use of its own personal facilities or equipment, the costs of which shall be assessed against and be a lien upon the parcel of land where the hazard or nuisance existed.
The foregoing Resolution was voted upon by roll call, as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried and duly ADOPTED.
May 28, 2008
Page 10
Upon recommendation of Codes Enforcement Officer Booth, the following Resolution was introduced for adoption by Councilman Reynolds and duly seconded by Councilman Payne:
(RESOLUTION NO.
142 OF 2008)
RESOLVED that the New Hartford Town Board does hereby appoint Christine Krumbach as a Student Worker in the Codes Enforcement Office, effective June 23, 2008 through the Summer of 2008, at an hourly wage of Seven Dollars and Seventy-five Cents ($7.75), payable bi-weekly.
Whereupon, the Town Board voted upon roll call:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
The Resolution was then declared unanimously carried and
duly ADOPTED.
Councilwoman Krupa introduced the following Resolution for adoption, seconded by Councilwoman Payne:
(RESOLUTION NO.
143 OF 2008)
RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meeting held May 13, 2008 and does further waive the reading of the same.
Upon roll call, the Board members voted as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
May 28, 2008
Page 11
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Highway
Superintendent:
Old Paris Road Sewers
The Highway/Sewer Superintendent had received a petition from five (5) property owners who are interested in public sewer service. Superintendent Cleveland will communicate with the Board on this issue and provide some alternatives for consideration for advancing this matter.
Stormwater Management (Advisory) Improvement
Committee
The Committee met on May 15, 2008 and discussed the following:
· Tilden Ave issue – Committee’s consensus that Superintendent Cleveland contact the property owner to determine if he would be willing to carve out a parcel for the Town’s use as a detention basin.
· Woodberry-Beechwood Road area – Evaluated impact of land use on upper acreage of that sub-area, looking at different types of coverages. The use of five (5) acre lots, open space and forested area would help reduce run-off and the need for land acquisition and stormwater detention basins that are expensive to build and to maintain
· Oxford-Kellogg-Tibbits area - Shumaker Engineering is moving forward and once the final survey is finished, only ten percent (10%) of the final design remains, then on to construction
· Southern reservoir – Committee asked Superintendent Cleveland to write a letter to the Mohawk Valley Water Authority requesting the MVWA hold on any action on land transfer until an engineering report is completed on the use of the abandoned reservoirs
· June Committee meeting – Committee will meet June 4, 2008 at 5:30 P.M. in the New Hartford Public Library.
Phillip Raymond Memorial
Trailhead Parking
Highway Superintendent displayed a map of the area where a new parking lot has been constructed on the BOCES property. This dedicated parking would eliminate the need for vehicular parking along the county-owned Middlesettlement Road at the current trailhead.
“No Trailhead Parking” Signs
Upon request of the Highway Superintendent, Councilman Payne introduced the following Resolution and Councilman Reynolds seconded same:
REGULAR TOWN BOARD MEETING
May 28, 2008
Page 12
(RESOLUTION NO. 144 OF 2008)
RESOLVED that the New Hartford Town Board does hereby authorize and direct the Highway Department to install an appropriate number of “NO TRAILHEAD PARKING”
signs on Middlesettlement Road (a county highway), between the BOCES entrance road and the Town of Whitestown town line.
Discussion ensued on the length of time to keep the signs posted and that, once the users of the facility become familiar with the new parking lot, some of the no parking signs could be removed from Middlesettlement Road. Thereafter, the Board voted upon roll call as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
Kellogg Road Community Center
Building – Rules and Regulations
Highway Superintendent (Buildings and Grounds) Cleveland distributed copies of the rules and regulations for public use of the two (2) Community Center Buildings and asked that the Town Board review the existing policy.
Phillip Rayhill Memorial Trail
Extension
Highway Superintendent reported that Town officials have met with NYS Department of Transportation (DOT) officials who are offering technical services through their Department. The Town will execute a Forty Thousand Dollar ($40,000) betterment agreement with NYS DOT as part of the local share contribution.
Laurelwood Road – Blind Driveway
Sign
With regard to a constituent request to Councilman Reynolds (NOTE: refer to Town Board minutes of May 13, 2008), the Highway Superintendent and Town Police Chief had performed an on-site inspection, the result of which they determined that a Blind Driveway sign is not appropriate for this situation. Councilman Reynolds suggested meeting with the resident who’d requested the sign.
Sessions Road
Upon Councilman Payne’s inquiry, the Highway Superintendent responded that he and the Town Police Chief had not reached a solution at this time.
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May 28, 2008
Page 13
Janet Terrace
Councilman Payne informed the Highway Superintendent that a dead-end sign had been requested by a resident of Janet Terrace.
The following Resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Reynolds:
(RESOLUTION NO.
145 OF 2008)
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 any Department Head and Town Board member to attend the Oneida County Association of Towns Meeting on June 17, 2008 in the Town of Trenton, New York, with expenses to be borne by said Town as budgeted.
The Resolution was voted upon by roll call as follows:
Councilwoman Krupa - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Councilman Reynolds - Aye
Supervisor Reed - Aye.
The Resolution was declared unanimously carried and duly ADOPTED.
Councilman
Payne:
May 28, 2008
Page 14
Financial:
Audit of bills
Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Reynolds:
(RESOLUTION NO.
146 OF 2008)
RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the payment of the bills itemized on the following Abstracts, that have been duly audited by the Town Board:
General Fund Whole-Town Abstract No. 16
Vouchers AA793-AA833 $ 27,213.37
General Fund Part-Town Abstract No. 17
Vouchers BB92-BB97 $ 2,379.55
Highway Fund Part-Town Abstract No. 14
Vouchers DB222-DB239 $ 44,953.05
Sewer Fund Abstract No. 14
Voucher SS53-SS57 $ 11,986.37
GEIS Study Capital Fund Abstract No. 4
Voucher HX4 $ 33,167.00
TOTAL: $119,699.34
Whereupon, the Town Board members voted individually as follows:
Councilwoman Krupa - Aye
Councilman Reynolds - Aye
Councilman Woodland - Aye
Councilman Payne - Aye
Supervisor Reed - Aye.
Thereafter, the Resolution was declared unanimously carried
and duly ADOPTED.
There being no further business to come before the Board, upon motion of Councilman Payne, seconded by Councilman Reynolds, the meeting was adjourned at 6:32 P.M.
REGULAR TOWN BOARD MEETING
May 22, 2008
Page 15
Respectfully
submitted,
Gail Wolanin Young, Town Clerk