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Town of Ashland, NY

Town Board Minutes

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
July 14, 2007

                A Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the 14th day of July 2008.

Present
Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Robert Ferris---------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk
Eric Allan ------------------------------Highway Superintendent

Absent 
Martin Blanden------------------------Councilman

Attended by: Thomas Soule, Thomas Lynch, Peter & Vera Cochikas, Terry & Gene Cohoes, Biagio DeL Villano, John Burst, Sondra Clark, Dawn Thorpe and Jeremy Younes

Supervisor Richard Tompkins opened the meeting at 7:38 PM.

Pledge of Allegiance

COMMENTS FROM THE FLOOR
Terry Cohoes came to the board for a variance of 6” inches; the board advised him that he should go back and have his survey redone for 6” inches.

Councilperson Wanda Partridge stepped out of the meeting @7:48 pm.

 

KEN CASAZZA-MEMORIAL PLAQUE
Ken Casazza has donated a stair chair to the Ashland ambulance; the board would like to have a plaque to put on the chair in memory of Ken Casazza’s generous gift.
MOTION-A motion was made by Councilman Robert Ferris to purchase a plaque in memory of Ken Casazza, seconded by Councilman James Lawrence, motion was:
Adopted                Ayes       4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent 1 Blanden

HEP B SHOTS FOR AMBULANCE PERSONNEL
Board is going to check with the Ashland Fire Department about joining together to possibly get Hepatitis B shots for all.

AMBULANCE DRIVER APPLICATION
Michael Clow has put in an application for ambulance driver.
MOTION-A motion was made by Councilman Robert Ferris to put Michael Clow on the probation driver list, seconded by Councilman James Lawrence, motion was:
Adopted                Ayes       4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent 1 Blanden

AMBULANCE WRITE-OFFS

COMMUNICATIONS
Mhonline letter
NY Deferred Compensation Plan
CWC Storm water program
National flood insurance maps
Farmland protection projects
Blue Cross/Blue Shield Board would like to check into other health insurance companies.
Evergreen Disposal went to a 9% increase
Greene County Watershed Assistance Program
Local Government Efficiency Report
GCWS-Mountaintop Tourism funding
Councilperson Wanda Partridge returned to the meeting @ 8:02 p.m.

JOHN BURST-DELAWARE COUNTY ENGINEERING
John Burst from Delaware County Engineering and the board had a lengthily discussion over the need for water in the Town of Ashland.  Board would like vacant lots to be counted and if it is a pressure system-pipes can be put together.

ROOF REPAIR ESTIMATE
Councilman James Lawrence will come up with some specs for the roof to be repaired and put out to bid.

Town Board Meeting
July 14, 2008 Page 3

RESOLUTION # 3
Tompkins Variance

NOTICE OF ACTION OF THE TOWN BOARD
TOWN OF ASHLAND, NEW YORK

Dated:  July 14, 2008

ACTION OF THE TOWN BOARD, TOWN OF ASHLAND

TO:  Richard & Randell Tompkins
PO Box 14
Ashland, NY  12407

Re:   SBL# 93.01-1-27, Route 23, Ashland, New York

At the meeting of the Town Board on July 14, 2008 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 Richard and Randell Tompkins for a setback ordinance variance on the subject matter premises, the applicant’s wish is to construct a single family residence on their premises located at 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 single family residence on their premises located at 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 residence.
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:       NONE

 

BY:  ______________________________                 ______________________
Robert C. Ferris, Deputy Supervisor                 Dated:  July 14, 2008

Cc:  Town Clerk – with original application
Applicant
Town Board
Town Planning Board
County Planning Board
Town of Ashland Assessor’s Office

RESOLUTION #20
CWC LEAD AGENCY RESOLUTION

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2008

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ASHLAND SEEKING LEAD AGENCY STATUS IN CONSTRUCTION OF THE WASTEWATER MANAGEMENT PROJECT IN THE HAMLET OF ASHLAND

July 14, 2008

At the Town Board meeting on July 15, 2008, Councilman, Richard E. Tompkins, offered the following resolution and moved its adoption.

WHEREAS, the Town Board of the Town of Ashland Previously entered into an agreement (the “Agreement”) with the Catskill Watershed Corporation (“CWC”) to participate in the Community Wastewater Management Program, which program will provide for the design and construction of a wastewater management project in the Hamlet of Ashland; and

WHEREAS, the CWC through the Program, will provide full funding for the wastewater management project through a block grant; and

WHEREAS, CWC’s consultant for the Program, Lamont Engineers, has prepared a Preliminary Engineer’s Report for the Hamlet of Ashland, dated December, 2007 and supplement dated March, 2008, evaluating various alternative methods for managing the wastewater needs of the Hamlet of Ashland, such report marking the end of the Study Phase of the project; and

WHEREAS, the Town Has reviewed the Preliminary Engineer’s Report prepared by Lamont Engineers; and

WHEREAS, based upon its review of the Preliminary Engineer’s Report and consultation with the Town’s Special Counsel, the town Board passed a resolution on May 12, 2008 to proceed with the Pre-Construction phase of the Project as set forth in Section 2.05 of the Agreement, such schedule to be agreed upon by the Town and CWC; and

 

WHEREAS, the Town proposes to complete a Recirculation Sand Filter Wastewater Treatment Plant with a Small Diameter Gravity Sewer Collection system that will address water quality issues within the New York City Watershed.
Town Board Meeting
July 14, 2008 Page 6

WHEREAS, the Town  Board of the Town of Ashland seeks to commence coordinated review of this action pursuant to the requirements of the State Environmental Quality Review Act, 6 NYCRR Part 617; and

WHEREAS, the Town of Ashland, pursuant to 6NYCRR Part 617 will conduct coordinated review and seek input from various involved and interested agencies on its designation as lead agency.
NOW, THEREORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ASHLAND, GREENE COUNTY, NEW YORK;

Subject to providing notice to and obtaining the consent of all other involved agencies, the Town Board of the Town of Ashland hereby designates as “lead agency” for purposes of compliance with SEQR, 6 NYCRR Part 617.  The Town Board shall undertake and complete all duties and obligations of the “lead agency” as required by 6 NYCRR Part 617.

The Town Board hereby authorizes the Town Supervisor to execute any and all documents for the Hamlet of Ashland on behalf of the Town as may be necessary to become lead agency.

WHEREUPON, the Resolution was put to a vote and the following result recorded:

A motion was offered from Robert C. Ferris with a second from Wanda Partridge to adopt this resolution.  Motion carried.

 

ADOPTED                                            TOWN BOARD MEMBERS 
                                                              AYE                       NAY
Richard E. Tompkins                             __X__                    _____
Robert C. Ferris                                    __X__                    _____
James Lawrence                                  __X__                    _____
Wanda Partridge                                  __X__                    _____
Martin D. Blanden                                  Absent                   _____

_____________________________
Justine L. Koehler
Town Clerk
Dated:  July 15, 2008
Ashland, New York

 

DESTRUCTION FORMS FROM RECORDS ROOM
Clerk gave the board destruction forms for items not needed to be kept. 
MOTION-A motion was made by Councilman Robert Ferris to dispose of those items as written, seconded by Councilman James Lawrence, motion was:
Adopted:               Ayes       4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent 1 Blanden

 

RESOLUTION #21
STREAM MANAGEMENT PLAN

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2008

JULY 14, 2008

At the Town Board meeting on July 14, 2008, Councilman, Richard E. Tompkins, offered the following resolution and moved its adoption.

WHEREAS;  The Greene County Soil & Water Conservation District (GCSWCD) and NYCDEP Stream Management Program (NYCDEP-SMP) have worked with watershed stakeholders in the Batavia Kill watershed to study and assess the current and predicted conditions of the Batavia Kill stream, and

WHEREAS;  the GCSWCD and NYCDEP-SMP have used the data and information collected during their investigations of the Batavia Kill to develop a comprehensive Stream Management Plan for the Batavia Kill stream, and

WHEREAS;  The Batavia Kill Stream Management Plan addresses many of the concerns shared by GCSWCD, NYCDEP, Local Municipalities and watershed landowners, and

 

WHEREAS;  The Batavia Kill Management Plan sets forth many recommendations for local, city, state, and federal cooperation to maintain, preserve, restore or otherwise manage the Batavia Kill stream, and
Town Board Meeting
July 14, 2008 Page 8

WHEREAS;  The Town of Ashland supports the Stream Management Plan and seeks to formally adopt said plan as a guidance document for stream related activities, and

WHEREAS; Pursuant to Article 8 of the Environmental Conservation Law, Chapter 43 of the Consolidated Laws of New York, as amended, and the adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (collectively, the “SEQR Act”), a determination as to the potential environmental significance of the Project is required to be made, and

WHEREAS;  the Town of Ashland will serve as the Lead Agency for the purpose of completing the SEQRA requirements for adoption of the Batavia Kill Stream Management Plan,

NOW, THEREFORE BE IT RESOLVED; That the Town of Ashland has determined that the Adoption of the Batavia Kill Stream Management Plan is a Type 1 Action under SEQRA and will serve as the Lead Agency.  The Town of Ashland Has identified NYSDEC, NYSDOS,US Army Corp of Engineers, NYSDOH, US Environmental Protection Agency, NYCDEP, and the Ashland Planning Board to be interested parties which may have permitting or approval responsibilities associated with the project.

A motion was offered from James Lawrence with a second from Robert Ferris to adopt this resolution.  Motion carried.

 

ADOPTED                                            TOWN BOARD MEMBERS 
                                                                AYE                       NAY
Richard E. Tompkins                               Abstain  _____   
Robert C. Ferris                                    __X__                    _____
James Lawrence                                  __X__                    _____
Wanda Partridge                                  __X__                    _____
Martin D. Blanden                                 Absent                   _____

_____________________________
Justine L. Koehler
Town Clerk
Dated:  July 14, 2008
Ashland, New York

 

PAY THE BILLS
MOTION-A motion by Councilman Robert Ferris to pay the bills as written, seconded by Councilperson Wanda Partridge, motion was:
Adopted:               Ayes       4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent 1 Blanden

General  $12,700.74
Highway $41,627.90
Lighting $156.36

MINUTES FOR JUNE 9, 2008
MOTION-A motion was made by Councilman James Lawrence to accept the minutes as emailed, seconded by Councilman Robert Ferris, motion was:
Adopted:               Ayes       4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent 1 Blanden

Councilman James Lawrence closed the meeting at 10:12.

 

                                                                                                                ______________________________
Justine L Koehler
Town Clerk
Town of Ashland