TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-7343636 Fax 518-734-4760
Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman James Lawrence, Councilman
Martin Blanden, Councilman Wanda Partridge, Councilperson
TOWN BOARD MEETING
April 14, 2008
A Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the 14th day of April 2008.
Present
Richard Tompkins---------------------Supervisor
Robert Ferris---------------------------Councilman
James Lawrence-----------------------Councilman
Martin Blanden------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk
Absent
Martin Blanden-------------------------Councilman
Attended by: Jeff Flack-GCSWCP and Tony Slater
Supervisor Richard Tompkins opened the meeting at 8:04 p.m. with the pledge to the flag.
Jeff Flack gave a presentation on the Batavia Kill Stream Management Plan
PROPOSED SLATER VARIANCE
Mr. Slater brought a revised map of his proposed garage, his home sits on ¾ of an acre. MOTION-A motion was made by Councilman Robert Ferris to grant Slater a variance under the condition that the back part of the garage is not less than 36 feet from his neighbor’s property, seconded by Councilperson Wanda Partridge, motion was:
Adopted: Ayes 4 Tompkins, Lawrence, Ferris, Partridge
Nays 0
Absent 1 Blanden
Town Board Meeting
April 14, 2008 page 2
NOTICE OF ACTION OF THE TOWN BOARD
TOWN OF ASHLAND, NEW YORK
Variance #2 Dated: April 21, 2008
ACTION OF THE TOWN BOARD, TOWN OF ASHLAND
TO: Anthony & Donna Slater
640 County Route 4
Prattsville, NY 12468
Re: SBL# 58.00-5-10.2, 640 County Route 4, Ashland, New York
At the meeting of the Town Board on April 14, 2007 the above referenced appeal was considered on your request for:
( ) An interpretation of a Town Law
( ) A subdivision of land under the Town Subdivision Law
(X ) A variance from the requirements of a Town Law
This notice and the application upon which the action was based are hereby filed with the Town Clerk.
ACTION TAKEN: The following resolution was passed in regards to this application.
RESOLUTION: In the appeal of Anthony & Donna Slater for a setback ordinance variance on the subject matter premises, the applicant’s wish is to construct a garage on their premises located at 640 County Route 4, Ashland, New York which is proposed to be within the 40’ setback required by the Ashland Structure Ordinance.
FINDINGS:
The Ashland Structure Ordinance requires a minimum set back of 40’.
The applicant’s wish is to construct a garage on their premises located at 640 County Route 4, Ashland, New York which is proposed to be within the 40’ setback required by the Ashland Structure Ordinance. There appears to be no appropriate alternative locations on the property to place the garage
There were no objections from any adjoining landowner or member of the public.
BASED UPON THE ABOVE FINDINGS THE BOARD REASONS THAT:
The difficulty is not self-created and the lack of granting the variance will result in an undue hardship to the applicants.
Alternative feasible methods to achieve the benefit sought with less or no variance were explored and are not available.
The variance is insubstantial.
It is believed that the variance will not be a detriment to the nearby properties because there were no objections from adjoining landowners to the variance.
An undesirable change will not occur in the character of the neighborhood as a result of the variance.
The variance will not cause adverse effects on the physical or environmental resources of the neighborhood.
The Board took the required “hard look” at the project with regard to the requirements of the NYS Environmental Quality Review Act and found that this action is a Type 2 action and thus is exempt from such requirements and that even if it were not so exempt, the Board would make a “negative declaration” following the submission and review of an Environmental Assessment Form.
The Board voted unanimously to grant the within variance.
The required notice of the hearing was published at least ten (10) days prior to the hearing in the official paper of the Town.
Therefore, the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood and community balances in favor of granting the variance.
CONDITIONS OF APPROVAL:
The garage will be constructed 36X47 feet on the side of the garage which is within the 40’ setback.
BY: ______________________________ ______________________
Richard E. Tompkins, Supervisor Dated: April 14,2008
Cc: Town Clerk – with original application
Applicant
Town Board
Town Planning Board
County Planning Board
Town of Ashland Assessor’s Office
PROPOSED DEWALD VARIANCE
MOTION-A motion was made by Councilman James Lawrence to grant Larry and Colette DeWald a variance for a garage on their property not less than 25 feet from the sidewalk, seconded by Councilperson Wanda Partridge, motion was:
Adopted: Ayes 4 Tompkins, Lawrence, Ferris, Partridge
Nays 0
Absent 1 Blanden
NOTICE OF ACTION OF THE TOWN BOARD
TOWN OF ASHLAND, NEW YORK
Variance #1 Dated: April 21, 2008
ACTION OF THE TOWN BOARD, TOWN OF ASHLAND
TO: Lawrence & Colette DeWald
12172 Route 23
PO Box 69
Ashland, NY 12407
Re: SBL# 76.04-1-17, 121711 State Route 23, Ashland, New York
At the meeting of the Town Board on April 14, 2007 the above referenced appeal was considered on your request for:
( ) An interpretation of a Town Law
( ) A subdivision of land under the Town Subdivision Law
(X ) A variance from the requirements of a Town Law
This notice and the application upon which the action was based are hereby filed with the Town Clerk.
ACTION TAKEN: The following resolution was passed in regards to this application.
RESOLUTION: In the appeal of Lawrence & Colette DeWald for a setback ordinance variance on the subject matter premises, the applicant’s wish is to construct a garage on their premises located at 12172 State Route 23, Ashland, New York which is proposed to be within the 40’ setback required by the Ashland Structure Ordinance.
FINDINGS:
The Ashland Structure Ordinance requires a minimum set back of 40’.
The applicant’s wish is to construct a garage on their premises located at 12172 State Route 23, Ashland, New York which is proposed to be within the 40’ setback required by the Ashland Structure Ordinance. There appears to be no appropriate alternative locations on the property to place the addition.
Town Board Meeting
April 14, 2008 page5
There were no objections from any adjoining landowner or member of the public.
BASED UPON THE ABOVE FINDINGS THE BOARD REASONS THAT:
The difficulty is not self-created and the lack of granting the variance will result in an undue hardship to the applicants.
Alternative feasible methods to achieve the benefit sought with less or no variance were explored and are not available.
The variance is insubstantial.
It is believed that the variance will not be a detriment to the nearby properties because there were no objections from adjoining landowners to the variance.
An undesirable change will not occur in the character of the neighborhood as a result of the variance.
The variance will not cause adverse effects on the physical or environmental resources of the neighborhood.
The Board took the required “hard look” at the project with regard to the requirements of the NYS Environmental Quality Review Act and found that this action is a Type 2 action and thus is exempt from such requirements and that even if it were not so exempt, the Board would make a “negative declaration” following the submission and review of an Environmental Assessment Form.
The Board voted unanimously to grant the within variance.
The required notice of the hearing was published at least ten (10) days prior to the hearing in the official paper of the Town.
Therefore, the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood and community balances in favor of granting the variance.
CONDITIONS OF APPROVAL:
The garage will be constructed 25’ from the sidewalk
BY: ______________________________ ______________________
Richard E. Tompkins, Supervisor Dated: April 14,2008
Cc: Town Clerk – with original application
Applicant
Town Board
Town Planning Board
County Planning Board
Town of Ashland Assessor’s Office
OPENING OF SEALED BIDS FOR FLAIL MOWER/TRACTOR
Town Clerk received two bids, one from Hudson River Tractor of Chatham and one from Keil Equipment of Hudson. Keil Equipment gave us a bid of $43,248.60 and Hudson River Tractor with a bid of $40,185.00. Board would like Keil Equipment to do a break down of their bid. Board would like to postpone until April 16, 2008 for further information from Keil Equipment.
Local Law #1 of 2008
Board would like to table until May 12, 2008 Town Board Meeting
CLEAN UP WEEK
Highway Superintendent Erik Allan is going to call about getting containers for clean up week.
CINDY NELSON-MOVE TO PAYROLL AS OPPOSED TO CONTRACTUAL
Cindy Nelson would like to be in the Retirement System but would need to go from contractual to payroll. Board would like her rate of pay and for two board members to meet with Cindy.
EMS CONFERENCE
May 9, 2008 there is an EMS conference, the cost is $50.00.
MOTION-A motion was made by Councilman Robert Ferris to offer all Ashland employed EMT’s willing to go, the town will pay $50.00 per person, cost of the conference only, seconded by Councilperson Wanda Partridge, motion was:
Adopted: Ayes 4 Tompkins, Lawrence, Ferris, Partridge
Nays 0
Absent 1 Blanden
FLAGS FOR THE TOWN
There are 10 flags that need to be replaced that hang throughout the Town of Ashland. Councilman James Lawrence is going to check to see if he can get a better price.
MOTION-A motion was made by Councilman Robert Ferris to purchase 10 flags, seconded by Councilman James Lawrence, motion was:
Adopted: Ayes 4 Tompkins, Lawrence, Ferris, Partridge
Nays 0
Absent 1 Blanden
B.A.R. TRAINING AND NEED A NEW MEMBER
Town Clerk told the board all B.A.R. members are aware of the upcoming class. Board needs to find a member for the B.A.R.
COMMUNICATIONS
Catskill Watershed annual meeting will be on April 22, 2008
John Mattice Jr. resignation from the Planning Board
School bus signs are now posted on route 23 by Jason Post’s home
DEC- permission to enter and work in the creek is in the application process
AHA-Benefit breakfast for Serviss family will be on May 3, 2008
FEMA-advising us of the deadline May 16, 2008 for Floodplain Management
Ambulance write-offs
ESTIMATE FOR TOWN HALL ROOF REPAIR
An estimate from Jeremie Younes for the roof repair of $8,876.25 Councilperson Wanda Partridge is going to get more specific details of estimate from Jeremie Younes for Councilman James Lawrence. Table till next month.
MINUTES FOR TOWN BOARD-MARCH 3, 10, 26, 2008
MOTION-A motion was made by Councilman James Lawrence to accept the minutes for Special Town Board Meeting March 3, 2008, Town Board Meeting on March 10, 2008 and Public Hearing on March 26, 2008, seconded by Councilperson Wanda Partridge, motion was:
Adopted: Ayes 4 Tompkins, Lawrence, Ferris, Partridge
Nays 0
Absent 1 Blanden
PAY THE BILLS
General $15,590.10
Highway $1494.65
Lighting $174.70
MOTION-A motion by Councilman Robert Ferris to pay the bills as stated, seconded by Councilperson Wanda Partridge
Adopted: Ayes 4 Tompkins, Lawrence, Ferris, Partridge
Nays 0
Absent 1 Blanden
Councilman James Lawrence would like Town Clerk to ask Building Code Officer Thomas Cross for a monthly report.
Motion was made by Councilperson Wanda Partridge to close the meeting.
_____________________________
Justine L Koehler
Town Clerk
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