DRAFT

Agenda Meeting Minutes

October 31, 2005

 

 

Those present:  Fred, Dot, Alan, Bob and Sandy

 

The meeting began at 7: 35 P.M.

 

Supervisor’s Reports and Announcements will include:

Approve the minutes of the October 11 Town Board Meeting, tonight’s Public Hearing minutes and Agenda Meeting minutes.

Web site activity for October

We will be closed November 8, 11, and 24-26.

A workshop regarding the new town hall will be held on November 2 at 7:00 P.M. at the Town Hall.

John Morgan said damage to the electronics in the water department was around $1,700.00.  We

have a $1,000.00 deductible.  He needs to get the paperwork together and will make the necessary contacts.

There are going to be Flu Vaccine Clinics in the county.  To schedule an appointment and for additional information, call the Saratoga County Public Health Office.

The Saratoga County Department of the Aging is doing a Medicare Outreach to help people who have to make a determination if they will participate in Part D of the Prescription Drug Plan.  Workshops will be held at a number of sites.

There is now a Do Not Call Registry for cell phones.  The number 1-888-382-1222.

 

 

Alan and Ron met with the Town Engineer Mike McNamara in September.  He developed an Environmental Condition Reporting Form as part of our MS4 Storm Water Management Program.  It will be available from the Town Clerk, Highway Superintendent and the Zoning Administrator.  It is a form that will be used if someone sees and environmental condition they feel needs attention.  The Town MS4 Coordinator will then contact the appropriate agency.

 

We now have a Driveway Construction Permit Form.  It will be required when a new driveway is built on a town road.  We are using this form because we received notification from the Saratoga County Planning Board that if a driveway is longer than 500 feet it should be built to specific specifications. This form will be available from the Highway Superintendent and Zoning Administrator.  It will be completed with the help of the Highway Superintendent.  The fee will

be $50.00.

 

We will be updating Local Law #2 of the Year 1969.  This Local Law will contain the specifications and procedures for building a new road in subdivision that will be turned over to the town.  This will require a public hearing.

 

Motion made by Councilman Grattidge, seconded by Councilman Verola, A Motion to hold a public hearing on November 14 at 7:00 P.M. to hear input on proposed Local Law #2 of the Year 1969, be approved:

 

                       

Approved:            Councilman Grattidge                     Yes

                                                Councilman Lippiello                Yes

                                                Councilman Mitchell                 Yes

                                                Councilman Verola                   Yes

                                                Supervisor Acunto                   Yes     

 

We received a letter from EDP about the Water Quality Report.  It says the water in the Alplaus by the pump house is drinkable.  We are taking this sample on an annual basis as a baseline to show where our Stormwater Management Program is.

 

Fred asked that since we held the public hearing on the budget tonight, will there be any need for any changes or shall we have it printed up as the final budget for adoption?  The Board agreed that there should not be any changes.

 

We received a letter from a resident on Sweetman Road who is interested in serving on the Planning Board.  No appointments will be made to the Planning Board until the Organization Resolutions are put together.  That will be done the end of November or early December.  Anyone interested in applying for appointed positions should contact the Town Board.

 

The Board discussed the outdoor wood burning furnace issue.  They have not heard from the ECC yet.  Alan liked the Local Law from Watertown.  He feels we need suitable setbacks. Dave LaFountain has received questions from residents regarding the outdoor furnaces but no applications.   The Board believes there is one in the residential district.  Dave said it would be in violation of town zoning.  Any change to anything electrical requires a permit.  We will need a public hearing to address the issue.  We will discuss it further at the next Agenda Meeting.

 

Resolutions for Town Board Meeting:

A resolution to adopt the 2006 Budget

A resolution to accept the bid for ice control sand

A resolution to advertise for sealed bids for the 2001 water district van with a minimum bid

of $5,500.00

 

 

Water:

We have possibly 3 change orders on the Alplaus Creek Project.  The first one deals with the boulders.  The second with replacement of the storm drain that was ruptured.  The third one has to do with the “T” where we were going to make the transition.  It is in very bad shape.  We are working on what to do there. 

 

 

Councilman Reports:

Sandy – There has been a problem with emails coming into the town.  They are nasty.  We would like to have people put a subject in their emails.

A reminder that the Zoning Administrator’s number is wrong in the Charlton Directory.  The correct number is 857-4109.

Bob –Nothing more at this time.

Alan- Nothing more at this time.

Dot – Has heard from Sue Lombardi.  We decide to apply for a second grant.  It would probably be another 5 to 10 hours more than what we had originally anticipated. (Changed tape)

Sandy stated that she printed a copy of the Agriculture and Markets Law and the Guidelines For Review of Local Laws affecting Farm Worker’s Housing.  Fred said an inquiry had been made to Dave to bring in a manufactured home for the purpose of housing farm workers.  The concern is that we have a restriction in our Zoning Ordinance that does not permit that type of home. The Agriculture and Markets Law somewhat speaks to the issue.  Bob VanVranken will be in later to discuss how we will proceed.  If we allow this happen, are we unraveling our Zoning Ordinance?

Alan stated there is a difference between a modular home and manufactured home.  A modular home comes in multiple pieces and is set on foundation.  A manufactured home comes in in one piece and can be trailered in and trailered out.  It is not set on a foundation.  What they are asking for will have a peeked roof and vinyl siding.  A discussion followed.  The meeting was recessed for 5 minutes in the hope that Bob VanVranken would arrive.

 

The meeting reconvened.  The Town Board authorized the Town Clerk to process the payment of the bills for the month of November.  The Town Board approved prepayment of the Nextel bill.

 

Bob VanVranken arrived.  He gave the Town Board 3 documents:  An outline of the statutes, an analysis of the Lysander case and the Lysander case.  Bob said we are talking about Farm Worker Housing Regulations.  These are governed by the NYS Division of Agricultural Protection and Development Services.  The regulations are as follows:

·        They include mobile homes.  They are defined as “On-farm buildings” used for permanent or seasonal employees and are protected by Agriculture & Markets Law

                  Section 305-a.

·        They look at the number of units, size of the structure and complexity of the housing to be provided.

·        The town can and should require a building permit and a certificate of occupancy.  The Town can also require, if it deems appropriate, a site plan review.

·        They can review administrative requirements. If they feel they are unreasonable, they can intervene and indicate that the town is not to apply particular remedies.

·        For the housing to be legitimate it has to be an operational farm. It must be in a county designated agricultural district. 

·        The housing has to be used for legitimate farm employees. 

·        The town has every right to inspect for ongoing compliance.

·        Towns cannot set an unreasonable standard for the house size.

·        Lot size – usually sited with other farm buildings, subject to adequate water and sewer, minimum setbacks. 

·        Setbacks would have to comply with the Zoning Ordinance. 

·        Screening regulations are seen as unreasonable.

·        Compliance with HUD or State Building Code standards.

·        The house may be used seasonally.  If the house lies vacant and is no longer used for worker housing, then the town can require that the house be removed from the site.

·        The worker has to live 51% of the time in the housing provided for the farm in which the farm worker is working.

 

 

The statute came in effect in 1971 and was amended in 1997.

 

 

 

Mr. VanVranken explained the Court of Appeals Case of Town of Lysander vs.Paul Hafner, Jr. of September, 2001.  It was decided by the Court of Appeals 7-0 in favor of Mr. Hafner.  The Town’s Zoning Ordinance was superceded by Agriculture and Markets Law Section 305-a.  (See attached remarks from Mr. VanVranken.)

 

Mr. VanVranken said the facts now are that we have a legitimate farm operation in town that has come to the building inspector and asked to have a mobile home placed on the farmstead.  The farmstead is in a county designated agriculture district.  He does not believe Dave should deny the building permit as Agriculture and Markets Law supercedes zoning.  On farms that qualify, mobile homes are permitted.  We need to forget what the Charlton Zoning Ordinance says about mobile homes in the town.  He said this court case answers the questions if mobile homes can be placed on an operating farm in an agricultural district for farm workers.  The answer is “yes”.  As far as the law is concerned, it is no different than a house.   Dave can require a building permit, do necessary inspections, require information such as where is the sewer and water, etc., setbacks and a site plan.  If he doesn’t like what he sees he can keep saying “no”.  If he gets to a point where he couldn’t get someone to comply with him, then we may have to bring in Agriculture and Markets.

 

Sandy asked about putting this on the Comprehensive Plan Agenda.  Bob said he does not believe we should do that.  Sandy said if these have to be allowed and we can’t regulate how they work, shouldn’t we be consistent with them?  Bob said the courts are saying you will have to treat them on a case by case basis, as each case may be different.  Bob said we could get suggestions from the Comprehensive Plan but they would not be binding because the court case is binding.

 

Alan stated that in a discussion with Mr. Arnold, he will have the mobile on its own piece of property other than what the primary house is on.  It will meet our setback.  In terms of zoning it is pretty close.  Dave expressed concern about how he would proceed without authorization from the ZBA.  Bob said the ZBA doesn’t have jurisdiction in this case.   

 

 

 

 

Sandy said that Kathy brought to her attention that there is a zoning report for the month of July that needs to be corrected because Dave had on the report $8.00 for copies and Kathy took the $8.00 off his report and gave it to Gail.  Dave feels that his report is his report and a report of all the fees he collected.  He doesn’t feel he should have to issue two different reports, one for Gail and one for Kathy because of the way it is disbursed.   The fee for copies was part of his monthly business.  After some discussion it was decided that we don’t need a corrected report.

 

Sandy said there were fees for septic review that seemed to have fallen through the cracks.  One was for a property on Swaggertown Road.  Dave said there were engineering fees of  $375.00 and no escrow account was set up.  The reason for that was that the applicant went right to Mike McNamara and started his review process before an escrow account was set up.  Mike reviewed the work and the applicant was denied a permit. 

   

Dave said the other one came before the Planning Board and they sent him to Mike McNamara for a review.  He reviewed it and no escrow account had been set up.  Since then we have set up a procedure with Mike where he is not to review anything until Kathy tells him there is an escrow account set up.  Sandy said this bill is for $337.00 for a property on Cook Road.  The house is not completed yet.  The Board decided there will be no more inspections until the bill is paid.  Dave will handle it.

 

The meeting was adjourned at 9:25 P.M.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Gail Hanchar