VILLAGE OF ALTAMONT
REGULAR BOARD MEETING
February 5, 2008
Mayor James M. Gaughan Michael Moore, Attorney
Trustee William F. Aylward Jean La Crosse, Clerk
Trustee Kerry Dineen Catherine Hasbrouck, Treasurer
Trustee Christine Marshall Anthony Salerno, Commissioner
Trustee Dean Whalen Tim McIntyre, Supt. DPW
Attending: Donald F. Cropsey, Jr.; Chief Paul Miller; approximately 40 guests
Mayor Gaughan opened the meeting with the Pledge of Allegiance.
Mayor Gaughan reported that Trustee Whalen, Chief Miller, Assistant Chief Wertman and the Mayor met to address the concerns regarding drainage, core sampling and the integrity of the Fire House floor. Part of the project will also include consulting with Tim McIntyre regarding the sewer lines emanating out through the Fire House. The Mayor reports that Trustee Whalen is completing measurements for space allocation info gathering and projected use of the Crounse House building. The Village Department of Public Works will clean-out and dispose of debris and garbage in the building.
Tim McIntyre reports that the department received approval from NYS Department of Environmental Conservation office of Environmental Quality for the Waste Water Sanitary sewer Inflow and Infiltration Investigation Project prepared by Barton & Loguidice.
Commissioner Salerno reported that the Police Department has provided an update of departmental information for the Village website.
Trustee Dineen made a motion seconded by Trustee Aylward and carried to accept the Treasurer’s Abstract #16 and #17 as presented. Roll Call: All in favor.
Public Comment:
John Donato approached the Board requesting consideration for a re-zoning of property owned at 986 Altamont Blvd. known as Altamont Lanes. In April 2007, Mr. Donato requested a re-zone from Business to R-10M in order to construct additional apartments in the former bowling alley. The Building Inspector, Donald F. Cropsey, Jr. advised Mr. Donato to file an application for a Variance. Mr. Donato did not follow the process through at that time. He claims that he approached Trustee Whalen to ask that his request be considered during the new Zoning Law process and was told that, more than likely, the ZBA would not entertain requests for use Variances during the new Zoning Law process. Mr. Donato was recently provided an Application for Change of Zone packet for submittal to the Planning Board. Michael Moore, Village Attorney
confirmed that the current (old) Village Zoning Law requires that Zoning Change requests be referred to the Planning Board.
Mr. Talbot states that new information posted on Village web site on housing as well as statistical data published in the Altamont Enterprise is misleading. Mr. Talbot refers to the information as cherry picked statistics. He suggests that the public look at the figures with skepticism.
Mr. Forman confirms with the Mayor that his recent letter and “Protest Petition” will be addressed. Mr. Forman asks if the required steps regarding notification were taken that would allow a legal vote tonight on the proposed Zoning Law? Mr. Forman suggests that the Board consider flexibility with Mr. Donato’s request.
Michael Moore stated that the proposed Zoning Law Public Hearing is closed and no additional notice of the Board’s intention is required in considering the Agenda item regarding the passing of the proposed Zoning Law. Municipal Home Rule Law and specifics spelled out in Village law considerations took place prior to his contract with the Village. The question seems to be, is there a legal requirement for property owners, adjacent to property being considered for re-zone, to receive individual notice. Don Cropsey states that Town of Guilderland Law requires notification in a local newspaper. There is no State Law requirement; however the Town passed a law that specifies notification to residents within 500’of project. He is not aware of any specific Village Law but neighbor notification has been a practice on
other Planning and Zoning matters.
Michael Moore, Attorney will follow through on the legal requirements regarding “notification”.
Trustee Whalen made a motion seconded by Trustee Marshall and carried to approve Negative Declaration – Type I Action Resolution (SEQRA) as follows:
RESOLUTION - 1
ALTAMONT VILLAGE BOARD
NEGATIVE DECLARATION - TYPE I ACTION
Date: February 5, 2008
WHEREAS, the Village Board of the Village of Altamont (“Village Board”) duly adopted a Village comprehensive plan; and
WHEREAS, the Village Board of the Village of Altamont (“Village Board”) duly appointed a Committee to develop draft zoning amendments to implement that adopted Village comprehensive plan; and
WHEREAS, the Committee conducted a thorough review of the existing Village of Altamont zoning law and with assistance from a planning consultant, drafted zoning amendments consistent with the Village of Altamont Comprehensive Plan; and
WHEREAS, this draft zoning is designed to implement the long-term vision, goals, objectives and strategies to guide the orderly growth of the Village; and
WHEREAS, the Village Board submitted the draft Zoning law to the Albany County Planning Board as required by NYS General Municipal Law 239-m and the proposed action does not require any other permits or approvals from other State and Federal agencies prior to adoption; and
WHEREAS, The Village Board submitted the draft Zoning law to the Village of Altamont Planning Board for their advisory opinion; and
WHEREAS, the Village Board declared itself Lead Agency and conducted an environmental assessment according to SEQRA, NYS 6 NYCRR Part 617; and
WHEREAS, the Village Board, after consideration of the Full Environmental Assessment Form Part I and Part II finds that
The zoning amendments are consistent with the adopted Village of Altamont Comprehensive Plan.
Implementation of these zoning amendments will positively assist Altamont in reaching goals of maintaining the environment as outlined in the adopted Village of Altamont Comprehensive Plan.
Implementation of these zoning amendments will positively assist Altamont in maintaining its historic, aesthetic character and village landscapes through dimension, use, and development standards included in the draft zoning.
See also attached summary of zoning amendments.
- NOW THEREFORE BE IT RESOLVED, that the Village of Altamont Village Board hereby declares that adoption of the Village of Altamont Zoning Amendments of 2008 described herein, will not have any significant negative environmental impacts; and BE IT FURTHER RESOLVED, that the Village Board hereby authorizes filing of a negative declaration (attached hereto), according to SEQRA, NYS 6 NYCRR Part 617. WHEREUPON, this Resolution was declared adopted by the Village
Board of the Village of Altamont The motion was moved by Trustee Whalen.
- The motion was seconded by Trustee Marshall The vote was as follows:
- Trustee Whalen In favor
- Trustee Marshall In favor
- Trustee Aylward In favor
- Trustee Dineen In favor
- Mayor Gaughan In favor
- Motion carried 5/0
Mayor Gaughan speaks on the Zoning Law 2008 process - Public Hearings, volume of correspondence received and read into record and extensive information provided to the public. Mr. Forman recently presented a “Valid Protest Petition” signed by residents that live the required distance from the proposed re-zoning. (Carl Schilling’s property) This petition basically requires a “super majority” to enact the zoning change from R-15 to R-10M to this specific property.
Trustee Dineen, Trustee Aylward, Trustee Whalen, Trustee Marshall and Mayor Gaughan continue to discuss various views on the R-10M re-zone parcel proposal on property owned by Carl Schilling.
Mayor Gaughan made a motion seconded by Trustee Whalen to re-zone vacant property, Tax Map Id 37.18-5-22, 3 Mill Street owned by Carl Schilling to R-10 M.
The Vote was:
Trustee Whalen In favor
Trustee Marshall Opposed
Trustee Aylward In favor
Trustee Dineen Opposed
Mayor Gaughan Opposed
Motion defeated 3/2
Trustee Dineen made a motion seconded by Trustee Marshall to re-zone vacant property, Tax Map ID 37.18-5-22, 3 Mill Street owned by Carl Schilling, to R-10
The Vote was:
Trustee Whalen Opposed
Trustee Marshall In favor
Trustee Aylward In favor
Trustee Dineen In favor
Mayor Gaughan In favor
Motion carried 4/1
Michael Moore, Attorney, advised the Board of Trustees that Municipal Home Rule Law requires that before the Board votes on any law, the changes to the proposed Zoning Law 2008 must be incorporated into the document and on the desks of the Trustees in complete final draft 7 days prior to adoption.
Mayor Gaughan made a motion seconded by Trustee Aylward and carried to hold a Special Board Meeting on Wednesday, February 13, 2008 at 7 pm to consider Local Law # 1-2008 Village of Altamont Zoning Law.
Roll Call: All in favor
Michael Moore, Attorney will research New York State Law and local laws for compliance with all required regulations in relationship to notifications for the proposed Zoning Law.
Trustee Aylward made a motion seconded by Trustee Dineen and carried to approve the 2007 Firefighter Service Awards Records listing. Roll Call: All in favor
Trustee Aylward made a motion seconded by Trustee Marshall and carried to approve the permanent appointment of Public Works Laborer, Lucas Oliver, following a satisfactory one year probationary appointment effective February 20, 2008 per recommendation of Tim McIntyre, Supt. Public Works. Roll Call: All in favor.
Trustee Dineen made a motion seconded by Trustee Marshall and carried to hold Public Hearing on March 11, 2008 at 7:45 pm, Village of Altamont, Community Room, 115 Main Street, Altamont, NY Albany County, for authorization to expend approximately $59,447.00 of funds from Wastewater Project Reserve for installation of Wastewater Treatment Plant generator. Roll Call: All in favor
Trustee Dineen made a motion seconded by Trustee Marshall and carried to approve bid award for Wastewater Treatment Plant generator installation to Phoenix Electric Company @ $59,447.00, per recommendation of Barton & Loguidice P.C. and Timothy McIntyre, Supt. Public Works, contingent on the outcome of a Public Hearing scheduled for March 11, 2008. Roll Call: All in Favor
Trustee Dineen made a motion seconded by Trustee Aylward and carried to hold a Public Hearing on March 11, 2008 at 7:45 pm, Village of Altamont, Community Room, 115 Main Street, Altamont, NY Albany County, for authorization to expend approximately $59,447.00 of funds from Wastewater Project Reserve for installation of Wastewater Treatment Plant generator. Roll Call: All in favor
Trustee Whalen made a motion seconded by Trustee Dineen and carried to conduct Budget Workshops on March 18, 2008 commencing at 6:00 pm. Roll Call: All in favor
Trustee Aylward made a motion seconded by Trustee Marshall and carried to approve of January 2008 Board Minutes with the inclusion of Trustee Aylward’s statement and interest on behalf of the Altamont Fire Department members who may be eligible for income tax credit. (This is the results from Governor Spitzer’s August 15, 2007 signing of the Galef/Seward Bill that gives firefighters and ambulance personnel an opportunity to switch to a personal income tax credit for the calendar year 2007 as opposed to a real property tax credit. The 2006/2007 State Budget provided a personal income tax credit provision for NYS volunteer firefighters and ambulance workers. This allows eligible individuals to choose the tax benefit that is most advantageous to them). All in favor
The Board adjourned at 9:10 pm.
The Board will hold a Special Meeting on Wednesday, February 13, 2008 at 7:00 pm. The next regularly scheduled meeting is March 11, 2008 at 7:30 pm.
Respectfully Submitted:
Jean La Crosse
Clerk
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