TOWN OF HARTFORD PLANNING BOARD MEETING
MARCH 27, 2012
MEMBERS PRESENT:
MIKE SWEZEY, CHAIRMAN
RONALD COMBS
PHILIP GIBSON
BARRY GOLDSTEIN
JOHN HOLMES
LEONARD MOORE
ALSO PRESENT:
DENISE PETTEYS, CLERK
JEFF MEYER, ATTORNEY FOR THE TOWN
CHAIRMAN SWEZEY OPENED THE MEETING AT 7:03 P.M.
MOTION MADE BY HOLMES SECOND BY MOORE TO ACCEPT THE MINUTES OF THE FEBRUARY 28, 2012 MEETING. MOTION WAS APPROVED UNANIMOUSLY.
12-01 LORI FLORIAN SITE PLAN
LORI FLORIAN, OWNER OF ALPHA DRILLING & BLASTING APPEARED BEFORE THE BOARD PROPOSING TO RELOCATE EXPLOSIVE MAGAZINES APPROXIMATELY 2500’ TO THE WEST OF ITS CURRENT LOCATION. HOLMES DISCUSSED THE FACT THAT LORI MUST BE “VERY LUCKY” THAT BETH MAGEE FROM NYS DEC DID NOT IMPOSE A FINE AGAINST HER DUE TO THE CONSTRUCTION SHE COMPLETED ON HER PROPERTY WITHOUT A SPDES PERMIT. SEQRA WAS CONDUCTED. ON MOTION OF MOORE SECOND BY COMBS TO APPROVE THE NEGATIVE DECLARATION OF THE SEQRA. MOTION WAS APPROVED UNANIMOUSLY BY ROLL CALL VOTE. ON MOTION OF HOLMES SECOND BY SWEZEY THE PUBLIC HEARING WAS OPENED AT 7:15 PM TO HEAR PUBLIC COMMENT. MOTION WAS APPROVED UNANIMOUSLY BY ROLL CALL VOTE. THERE WAS NO PUBLIC COMMENT AND ON MOTION OF SWEZEY SECOND BY HOLMES THE PUBLIC HEARING WAS CLOSED AT 7:17 P.M. MOTION WAS APPROVED UNANIMOUSLY BY ROLL CALL VOTE. ON MOTION OF HOLMES SECOND BY COMBS THE SITE PLAN WAS APPROVED WITH THE FOLLOWING CONDITIONS:
- NO EXPLOSIONS (NO DISCHARGE ON TOP OF THE EARTH)
- INSTALL GATED ENTRANCE
- INSTALL ALARM SYSTEM & ESTABLISH KEY HOLDER
- NO MOVING PODS WITHOUT PRIOR NOTIFICATION TO THE TOWN
- ESTABLISH EMERGENCY CONTACTS
MOTION WAS APPROVED UNANIMOUSLY BY ROLL CALL VOTE. THE PLANNING BOARD REQUESTED THAT LORI CONTACT MARK MILLER TO INSPECT THAT THE CONDITIONS ARE MET.
MARK MILLER SAID THAT STEVE BRITTON DID HAVE PERMISSION FROM THE ATF TO MOVE HIS PODS BUT HE DID NOT HAVE APPROVAL TO REMOVE THEM ONCE THEY WERE ORIGINALLY MOVED. STEVE BRITTON’S LICENSE FOR THE PROPERTY HAS NOT BEEN RENEWED.
MARK SAID THAT HE RECEIVED A CALL FROM ROYAL WOOD SHAVINGS (RWS) ASKING IF THE TOWN HAS A NOISE ORDINANCE. HE SAID THAT THIS COMPANY IS VERY UPSET WITH KINGSBURY AND THAT THEY WERE FORCED TO LOCATE THERE BY THE IDA AND ALL THEY HAVE HAD IS TROUBLE. THERE WAS LENGTHY DISCUSSION REGARDING THIS ISSUE AND THE INADVERTENT REMOVAL OF TOO MANY BUFFER ZONE TREES DURING ORIGINAL CONSTRUCTION AS WELL AS THE NOISE ISSUES.
MARCH 27, 2012 MEETING PG. 2 OF 2
AG & FARMLAND PROTECTION PLAN
THERE WAS LENGTHY DISCUSSION REGARDING THE SUGGESTED SUBDIVISION CHANGES THAT ARE INCLUDED IN THE PROPOSED AG & FARMLAND PROTECTION PLAN. HOLMES SAID THAT HE FEELS THE SUBDIVISION LAW STANDS TOTALLY SEPARATE SINCE IT IS AN ENFORCEABLE DOCUMENT AND THE AG & FARMLAND PROTECTION PLAN IS A GUIDELINE. HOLMES SAID THAT IN DISCUSSION WITH SUPERVISOR HAFF THE SUGGESTED SUBDIVISION CHANGES SHOULD BE REMOVED FROM THE AG & FARMLAND PROTECTION PLAN AND COULD BE CONSIDERED IN THE FUTURE. SWEZEY SAID THAT HE FEELS THAT THE PLANNING BOARD AND TOWN BOARD SHOULD MEET TO DISCUSS THE PLAN. JEFF MEYER, ATTORNEY FOR THE TOWN, SAID THAT ANY PLAN THAT GETS ADOPTED BY THE MUNICIPALITY CARRIES WEIGHT, EVEN THOUGH IT IS NOT ENFORCEABLE. THE BOARD SHOULD LOOK AT A SUBDIVISION PROPOSAL TO SEE IF IT CONFORMS WITH THE OFFICIAL MAP OF THE MASTER PLAN… IT IS ALWAYS GOING TO BE A FACTOR. SO THE RECOMMENDED SUBDIVISION CHANGES, ANY FUTURE CHANGES TO THE SUBDIVISION OR SITE PLAN LAWS AND ANY ADDITIONAL LAND USE LAW. IF THE TOWN WAS TO ADOPT SOME TYPE OF ZONING TEN YEARS FROM NOW, IF THOSE PLANS ARE STILL EXISTING – IT IS GOING TO BE INCUMBENT ON THE TOWN BOARD TO COMPARE WHAT IS PROPOSED AGAINST THE OFFICIALLY ADOPTED PLAN THAT SETS UP VISION. HE CONTINUED THAT THE PLANNING BOARD JUST LOOKED AT ONE PART OF THE PLAN, WHICH IS THE RECOMMENDED REVISIONS TO THE SUBDIVISION LAW, AND HE SAID IT PROBABLY IS NOT A BAD THING TO INCLUDE AS AN APPENDIX. THE PRECISE RECOMMENDATIONS SHOULD BE DISCUSSED. IF THE PLAN DOESN’T MAKE RECOMMENDATIONS THEN WHAT IS THE POINT OF THE PLAN. JEFF SAID THAT HE DOES NOT HAVE A PROBLEM WITH THE RECOMMENDED SUBDIVISION CHANGES BEING PART OF THE PLAN AS AN APPENDIX. JEFF SAID THAT IF ANY KIND OF AG PLAN GETS ADOPTED, IF IT SHOULD CONTAIN LANGUAGE SAYING TO AVOID RIDGELINES AND SOMEONE COMES IN WITH A RIDGELINE DEVELOPMENT AND SOMEONE IS OPPOSED TO THE DEVELOPMENT – THEY CAN SAY THE BOARD NEEDS TO TAKE IT INTO ACCOUNT. HOLMES SAID THAT THE SUBDIVISION LAW SHOULD STAND SEPARATE. JEFF SAID THAT IS UP TO THE BOARD AS A POLICY DECISION. THERE WAS FURTHER DISCUSSION THAT THE AG PLAN AND SUBDIVISION LAW NEED TO SUPPORT EACH OTHER IN POLICY DECISIONS. IT WAS SUGGESTED THAT THE SUBDIVISION CHANGES THAT HAVE BEEN REVIEWED BY THE PLANNING BOARD BE SENT TO THE TOWN BOARD TO LOOK OVER. THERE WAS DISCUSSION THAT THERE HAVE BEEN SEVERAL DRAFTS AND THE CLERK WAS REQUESTED TO MAKE COPIES OF THE CURRENT DRAFT FOR THE PLANNING BOARD AND TOWN BOARD. JEFF SAID THAT IF THE BOARD APPROVES SOMETHING THAT IS DIRECTLY CONTRARY TO AN OFFICIALLY ADOPTED PLAN AND THE BOARD DOES NOT EXPLAIN WHY – THAT SETS THE TOWN UP FOR LEGAL ISSUES. YOU CAN GO AGAINST THE PLAN AS LONG AS THE BOARD EXPLAINS WHY ETC.
ON MOTION OF SWEZEY SECOND BY GOLDSTEIN TO RECOMMEND THAT THE TOWN BOARD TABLE THE AG & FARMLAND PROTECTION PLAN & SUBDIVISION CHANGES UNTIL THE TOWN BOARD, PLANNING BOARD AND AG & FARMLAND PROTECTION COMMITTEE CAN HOLD A WORKSHOP TO REVIEW. MOTION WAS APPROVED UNANIMOUSLY BY ROLL CALL VOTE.
IT WAS DECIDED TO SUBMIT THE CHANGES THAT THE PLANNING BOARD MADE ON THE DECEMBER DRAFT TO THE TOWN BOARD FOR REVIEW.
MOTION MADE BY SWEZEY SECOND BY HOLMES TO ADJOURN MEETING. MOTION WAS APPROVED UNANIMOUSLY. MEETING ADJOURNED AT 8:16 P.M.
RESPECTFULLY SUBMITTED,
DENISE PETTEYS, PLANNING BOARD CLERK