of the Town Board of the Town of Pomfret held at 6:30 P.M. July 11, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Supervisor Donald Steger
Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
The Pledge of Allegiance of the Flag was recited.
DULY MOVED by Supervisor Steger to accept the minutes of the June 13, 2018 Public Hearing-Small Cell Moratorium minutes. The motion was seconded by Councilman Schaeffer and carried.
DULY MOVED by Supervisor Steger to accept the minutes of the June 13, 2018 Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion carried.
DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman to approve the payment of bills as presented by the Town Clerk on Abstract # 7 of 2018 with no additions. The motion was carried unanimously by a roll call vote.
Supervisor Steger- AYE
Councilman Sedota- AYE
Councilman Schaeffer- AYE
Councilman Christy- AYE
Councilwoman Eckman- AYE
General Fund Town Wide $13,300.10
General Fund Part Town $21,073.69
Highway Fund Part Town $120,485.77
Berry Road Water District $9,781.00
Chestnut Road Water District $2,902.56
North End Water District $39,944.41
Van Buren Water District $6,118.30
Rt. 20 Sewer District $270.94
Rt. 60 Water District $2,086.32
Rt. 60 Sewer District $15,815.61
Lakeview Sewer District $455.14
Lily Dale Sewer District $4,208.71
Sewer District 1 $2,610.14
Sewer District 2 $2,191.82
Pomfret Fire District Protection $61,267.00TOWN CLERK REPORTS
- Pomfret Town Justices reports for June 2018 are as follows:
Justice Pulci Total Cases: 197
Total Fines & Surcharges: $16,477.00
Justice Dietzen Total Cases: 152
Total Fine & Surcharges: $14,948.00
- The Historian report for June 2018 is on file with the Clerk’s office and has been distributed to the Town Board.
- Supervisor Steger made a motion to appoint Katie Promber, 91 Chestnut St., Dunkirk, N.Y. as Court Officer for the Town of Pomfret as pay established at the January 2018 Organizational Meeting minutes. The motion was seconded by Councilwoman Eckman and carried.
- The DEC has notified the Town about the flow management plan for the Lily Dale Sewer Plant. Currently the limit is being exceeded. Supervisor Steger is working on compiling a letter to respond.
- The DEC has notified the Town about the new standards for phosphorous levels in the Lily Dale Sewer Plant. These standards will be taking place in October 2019.
- Supervisor Steger noted the Phase I of the North County Water District Project is near completion. The Phase II of the district is already being considered for approval.
- Supervisor Steger made motion to authorize the Town Clerk to close Town Hall on Friday, August 24, 2018. This is due to the Fredonia Farm Festival. The motion was seconded by Councilman Sedota and carried.
- Supervisor Steger notified the board regarding participating in the Fredonia Farm Festival Parade on August 26, 2018.
- Supervisor Steger made a motion to schedule a public hearing on Wednesday, August 08, 2018 at 6:00P.M. at 9 Day Street, Fredonia, for the purpose of the Zoning Law of Signs. The motion was seconded by Councilman Sedota and carried.
Section One – Purpose: The Town of Board of the Town of Pomfret upon recommendation of the Planning Board of the Town of Pomfret does desire to amend certain amendments relating to signs and outdoor advertising within the Town of Pomfret.
Section Two – Definition: Section 300-6 of the Zoning Code is hereby amended to add an additional definition:
SIGN, DIGITAL SIGNS – A sign that has or appears to contain movement or that appears to change, caused by a method other than physically removing and replacing the sign or its components, whether the real or apparent movement or change is in the display, the sign structure itself, or any other part of the sign. A digital sign often incorporates a technology allowing the sign face to change the image without the necessity of physically or mechanically replacing the sign face or its components. A digital sign may include a rotating, revolving, moving, flashing, blinking, or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, electronic message centers, or other similar methods or technologies that permit a sign face to present different images or displays.
SIGN, BILLBOARD – Is hereby amended to read as follows: “Any sign exceeding 100 square feet in size.
Section Three – Section 300-50 B(3)(a) is hereby amended to add “event signs.”
Section Four – Section 300-50 C(1)(e) is hereby amended to read “No sign shall be located so as to overhang or hang above a public sidewalk or public right-of-way.”
Section Five – Section 300-50 C(2)(e) is hereby amended to read as follows: “The maximum number of signs of any type with exception of “Exempt Signs” (see Section 300-50 B(2) and “Signs Requiring No Permit” (see Section 300-50 B(3), allowed in the B-1, B-2, I-1 and I-2 zones shall be limited to two on-premises advertising signs and one off-premises advertising sign.
Section Six - Section 300-50 C(2)(i) is hereby amended to add at the end of the section the following: “All signs must comply with DOT regulations regarding right-of-way placement and setbacks.”
Section Seven – Section 300-50 C(3)(b) is hereby amended to read as follows: “Event signs up to 32 square feet in size shall be allowed 21 days before and up to 7 days after the date of such event being advertised. It shall be the responsibility of the property owner and/or his/her/its agent to comply with this regulation. Permission from the property owner must be received prior to the sign placement.”
Section Eight –Section 300-50 D(2) is hereby amended to add subsections (d)(e)(f)(g)(h):
(d) A digital sign may not allow the display message to change more frequently than once every eight seconds, with a transition period of one second or less. Messages may not contain the appearance of motion or animation. Transitions between messages may contain the appearance of motion or animation.
(e) A digital sign, other than a digital billboard, may not allow the display or message to change more frequently than once every eight seconds, with a transition period of one second or less. Messages may not contain the appearance of motion or animation.
(f) A digital sign must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this article. Certification must be provided to the Town demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required by the Town Code Officer in his reasonable discretion, at the owner’s expense, to ensure that the specified brightness levels are maintained at all times.
(g) Maximum brightness levels for Digital Signs shall not exceed 5000 nits or “Candelas per Square Meter” or (cd/m2) when measured from the signs face at its maximum brightness, during daylight hours. The maximum brightness levels for Digital Signs shall not exceed 500 nits or “Candelas per Square Meter” or (cd/m2) when measured from the signs face at its maximum brightness, between sunset and sunrise, as those times are determined by the National Weather Service for the location of the sign.
(h) Brightness of digital signs shall be measured as follows:
(1) At least 30 minutes following sunset, a foot-candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location.
(2) The sign shall then be turned on to full white coy to take another reading with the meter at the same location.
(3) If the difference between readings is 0.2 foot candles or less, the brightness is properly adjusted.
Section Nine – Partial Invalidity: If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
Section Ten –In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section Eleven – Effective Date:
This Local Law shall be effective immediately upon filing with the Secretary of State.
- Supervisor Steger made a motion to schedule a public hearing on Wednesday, August, 08, 2018 at 6:05P.M. at 9 Day Street, Fredonia, for the purpose of the Zoning WECS laws. The motion was seconded by Councilwoman Eckman and carried.
- Supervisor Steger made a motion to schedule a public hearing on Wednesday, August 08, 2018 at 6:15P.M. at 9 Day Street, Fredonia for the purpose of the Planned Unit Development Local Law. The motion was seconded by Councilman Christy and carried.
Section One – Purpose:
The Town Board of the Town of Pomfret hereby finds and determines that Planned Unit Development provides a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional municipal zoning techniques, Planned Unit Development provides flexibility in the regulation of land use development in order to:
i. Encourage innovation in land use variety, design, and layout and type of new structures and in their integration with existing structures;
ii. Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
iii. Encourage open space preservation and protection of natural resources, historic sites and structures;
iv. Facilitate the provision of housing and improved residential environments;
v. Enhance the ability of municipalities to promote business and employment opportunities consistent with regional development in the Town of Pomfret and Northern Chautauqua County.
In a Planned Unit Development District, land and buildings may be used for any lawful purposes determined by the Town Board, subject to the limitations and procedures recited in this Local Law.
Section Two – Definitions:A. Planned Unit Development –
means a site upon which residential, commercial, industrial, or other land uses or combination thereof may be authorized in a flexible manner to achieve the goals of the municipality in providing for development in the Town of Pomfret and Northern Chautauqua County.B. Planned Unit Development District
– means an independent, free standing zoning district, wherein the zoning regulations need not be uniform for each class or type of land use, but where the use of land may be in accordance with a Planned Unit Development Plan approved by the Town Board.
Section Three – Location:
A Planned Unit Development District shall be applicable to any area of the Town of Pomfret where the applicant can demonstrate that the characteristics of the proposed development will satisfy the intent and objectives of this Local Law. Where a Planned Unit Development is deemed appropriate by the Town Board of the Town of Pomfret, the rezoning of land to a Planned Unit Development District will replace all uses and dimensional and area requirements contained elsewhere in the Town of Pomfret Zoning Code.
Section Four – Minimum Area:
Planned Unit Developments shall comprise not less than 10 acres. Public roads shall be permitted to divide such acreage provided that a minimum of one acre of continuous land area must exist in any portion or section of the Planned Unit Development.
Section Five – Open Space:
A minimum of twenty-five (25%) percent of the site shall be used as open space, including walkways, plazas, landscaped areas and recreation areas. Parking areas and vehicle access facilities shall not be considered in calculating open space.
Section Six – Common Areas:
Common property in a Planned Unit Development are parcels of land together with improvements, the use of which is shared by the owners or occupants of the individual building sites. The landowner shall provide for and establish an organization for the ownership and maintenance of any common property. Such organization shall not be dissolved, nor shall it dispose of any common property by sale or otherwise, with the exception that such may be dedicated to the Town of Pomfret for public use, if accepted by the Town of Pomfret. The Town Board retains the right to refuse the dedication of land if not deemed appropriate for municipal purposes in the sole discretion and judgment of the Town Board.
Section Seven – Site and Structure Requirements
The Town Board shall approve a Planned Unit Development District only if it finds that the Planned Unit Development will satisfy standards of this section, including the following:
The Planned Unit Development is an efficient and unified treatment of the development possibilities on the project site while remaining consistent with the Region’s Comprehensive Plan. The Planned Unit Development shall make provisions for the preservation of natural features such as streams and shorelines, ponds, lakes, trees, grasses, wooded cover and rough terrain.
2) The Planned Unit Development must be compatible with the surrounding area. The development shall not unduly burden existing Town facilities and services.
3) The developer shall ensure that sufficient financing and capability are available to complete the project as presented.
4) The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities, off-street lighting and make reasonable provisions for utility service connections with adjoining properties and other ownerships.
5) The right of way and pavement widths for internal roads serving all development shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs of the development. There shall be adequate access for fire- fighting equipment, police and other emergency vehicles. Such pavement shall meet all applicable Town standards.
6) All electric, telephone, cable television and similar equipment shall be installed underground in accordance with the New York State Public Service Commission Standards.
7)The gross residential density, measured over the entire tract, but exclusive of any land to be occupied by non-residential uses or public or quasi-public or quasi- public institutional or recreational facilities open to the general public, shall not exceed the density set forth in the underlying district or be consistent with the comprehensive plan. Bonus density may be considered for outstanding development as deemed appropriate by the Town Board.
Section Eight – Application Procedure
The developer shall submit a preliminary plan of the proposed Planned Unit Development with the rezoning application. The preliminary plan shall be to scale and shall clearly illustrate the following:
1) Various types of land uses required and the areas covered by each;
2) Outline of the interior road system and all existing and proposed public or private right of ways and easements;
3) Delineation of the various residential areas, if any, indicating the number and size of dwelling units by each housing type plus a calculation of the residential density;
4) Area, location and degree of development of common open space with a statement of how the property will be maintained.
5) Interior drainage system and how it is proposed to be connected to the drainage systems of adjoining areas;
6) If the Planned Unit Development is to be phased, a general indication of how the phasing is to proceed;
7) Evidence, in the applicant’s own behalf, demonstrating the developer’s competence to carry out the plan to completion and the developer’s awareness of the scope of such project, both physical and financial;
8) Site plan in conformance with Chapter 250 – Site Plan Review.
Section Nine – Planning Board Recommendation
The Planning Board shall review the preliminary site plan and application package and, within forty-five (45) calendar days of submission, shall submit it to the Town Board along with its recommendations that the Planned Unit Development be approved, modified or disapproved.
If, in any such evaluation, the Planning Board finds that any submission requirements, regulations, standards or criteria prescribed by this Chapter are inapplicable because of unusual conditions of the Planned Unit Development, or the nature and quality of the proposed design, it may recommend to the Town Board that adjustments in such regulations, standards or criteria be made.
A report to the Town Board shall include the following findings:
1)The proposal conforms to the Region’s Comprehensive Plan;
2)The development project meets the intent and objectives of the Planned Unit Development District;
3)The proposal is conceptually sound in that it meets community needs in the:
a) layout of the proposed roadway system, land use configuration, open space and drainage systems;
b) scale and relationship of the elements of the plan;
c) the proposed uses are of such location, size and character that, in general, they will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties;
4) There are adequate public facilities, services and utilities available or proposed to be made available to serve the development.
Should a recommendation be made to the Town Board to deny the Planned Unit Development, the Planning Board shall issue a statement which contains the reasons for the unfavorable recommendation. The Planning Board may also recommend further study of the preliminary site plan and re-submission after revisions or re-design.
Section Ten – Rezoning Process
1) Application for establishment of a Planned Unit Development District shall be made to the Town Board. The Town Board shall refer the application to the Planning Board for consideration;
2) The Town Board shall hold a public hearing on the proposal, with public notice, as provided by law in the case of an amendment to the Zoning Law and Code;
3) The Town Board may then amend the Code and Zoning Law so as to define the boundaries of the Planned Unit Development District, but such action shall have the effect only of granting permission for development of the specific proposal, in accordance with this Chapter, within the area so designated with the specifications, plans and elevations submitted.
The Town Board shall hold a public hearing within sixty-two (62) calendar days receipt of the application. Approval of the Planned Unit Development shall be noted on the Town’s Zoning Map.
Section Eleven – Final Site Plan
The final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating any revisions or other features recommended by the Planning Board or Town Board. The final site plan shall conform to all requirements of Chapter 250 of the Code – Site Plan Review. The rezoning shall not become effective until final site plan approval has been secured.
The application for final site plan approval shall be made within 12 (twelve) months from the date of the Town Board approval of the rezoning.
No construction or site improvement work may commence until final site plan approval has been granted.
Section Twelve– Effective Date:
This local law shall take effect immediately upon filing in the office of the Secretary of State of the State of New YorkHIGHWAY SUPERINTENDENT JUDE GARDNER
TOWN ATTORNEY JEFFREY PASSAFARO
- The paving, oil, and stoning are completed within the Town of Pomfret for the 2018 Summer Season.
- Superintendent Gardner informed the board he has decided to work with the County thru shared services for the project on Ellicott Road. This work began on Monday, July 9, 2018.
- Councilwoman Eckman and Highway Superintendent Gardner have been working with the Northern Chautauqua Community Foundation (NCCF) regarding the work completed at the Forest Hill Cemetery. Councilwoman Eckman informed the board, the Town will be reimbursed by an endowment fund thru NCCF for the above and beyond normal maintenance at Forest Hill Cemetery fence, gates, tree removal, trimming, and the bars put in place to protect deer from impaling themselves.
- The grant process for the new salt shed at Town Banes is moving along.
- Attorney Passafaro informed the board, the Article 78, regarding UpState Tower will be back in court at the end of this month.
DULY MOVED by Councilman Christy, seconded by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:31P.M. The motion was carried unanimously.