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FEBRUARY 9, 2006
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon
held February 9, 2006 at the Town Offices, 32 Main Street in the Village of
Macedon, was called to order by Supervisor William Hammond at 7:30 P.M.
Pledge of Allegiance
Upon Roll Call, the following members of the Board were
present:
Councilperson……….David McEwen
Councilperson……….Ken
Nawrocki
Supervisor…………....William Hammond
Absent: Councilperson……….David Maul
Councilperson……….Paul Kenyon
Also present were: Town Attorney………..Anthony Villani
Town Clerk…………..Judy Gravino
Town Engineer………Scott Allen
Highway Supt………..Richard Roets
RESOLUTION NO. 50
(06) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of January 26, 2006 with the following correction:
Minutes
should be dated January 26, 2006 not January 12, 2006
MOTION BY HAMMOND,
SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 51 (06) MURPHY REZONING PUBLIC HEARING SET
RESOLVED the Town Board schedules a Public Hearing on the request for rezoning of the Route 31 Industrial Park owned by Robert Murphy from ORM to GC consisting of 54 acres on February 23, 2006 at 8:00 p.m.
MOTION BY NAWORKCI, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 52 (06) PARKWOOD HEIGHTS REZONING PUBLIC
HEARING SET
RESOLVED the Town Board schedules a Public hearing on the Parkwood Heights LLC request for rezoning of the Parkwood Heights Planned Unit Development located on Victor Road from R-30 to TPD Totally Planned Development consisting of 4.86 acres on February 23, 2006 at 8:20 p.m.
MOTION BY NAWROCKI,
SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 53 (06) LYONS PAY INCREASE – HIGHWAY
BE IT RESOLVED that the hourly rate for John Lyons be increased to $16.45 regular time and $24.675 overtime retroactive to January 1, 2006 due to probationary period completion.
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
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FEBRUARY 9, 2006
REPORTS – The
Supervisor presented the following:
January 2006 Police Report
RESOLUTION NO. 54
(06) APPROVAL OF REPORTS
RESOLVED the Board approves the report as submitted.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
WHEREAS:
NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes the supervisor to execute, on behalf of the Town of Macedon, the Conservation Easement, Future Road Agreement and Wayneport Road Escrow Agreement in substantially the form presented to this February 9, 2006 meeting subject to review by town legal counsel and town engineer and be it further
RESOLVED that the Town Board has reviewed the Wal-Mart site plan and acknowledges the locations of the proposed new water and sewer easement areas and abandonment of existing water line. Upon completion of such improvements and the Town Engineer’s confirmation of such completion, the town agrees to accept easements for such new utilities and to execute and necessary document to abandon the prior water line easement area and be it further
RESOLVED that the Town Engineer is authorized to complete discussions with Wal-Mart representatives on the amount and form of appropriate letter of credit for public improvements to be installed on the Wal-Mart premises and be it further
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FEBRUARY 9, 2006
RESOLVED that the Town Supervisor, Town Attorney and Town Engineer are authorized and directed to take all necessary and appropriate action to implement the intent of these resolutions.
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
Due to DOT now
allowing Wal-Mart to do a road cut to correct the storm drainage problem east
of the project, the storm drainage line improvement project could be submitted
as a separate permit. Boring under the
road will require wetland permits that could hold up the Wal-Mart project
timeline. Since this was not part of
Wal-Mart’s storm water management facility, it can be addressed as a separate
issue.
BE IT RESOLVED that if all other avenues are exhausted that
Wal-Mart be allowed to put funds in escrow subject to Town Engineer’s and Town
Attorney’s approvals to cover all costs of the 24” culvert pipe under Route 31
as requested by the Town Engineer and Planning Board associated with the
Wal-Mart project on Route 31 and Wayneport Road.
MOTION BY NAWROCKI,
MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
8 PM - PUBLIC HEARING – GRIEVANCE DAY – LOCAL LAW NO. 1
RESOLUTION NO. 57 (06) WAIVE READING OF THE LEGAL NOTICE
RESOLVED the Town Board waive reading of the legal notice published
In the January 30, 2006 issue of the Times.
MOTION BY MCEWEN, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
Local Law No. 1 (06) will repeal Local Law No. 7 (05) which established Grievance Day as the first Thursday after the fourth Tuesday in May due to the Assessor being employed by another assessing unit. This is no longer necessary, so Local Law No. 1 (06) will reestablish Grievance Day as the fourth Tuesday of May.
All persons wishing to be heard, having been heard, the hearing was closed.
RESOLVED the Public Hearing be closed at 8:07 p.m.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board adopts Local Law No. 1 (2006) Grievance Day, which repeals Local Law No. 7 (2005).
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
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FEBRUARY 9, 2006
RESOLVED the Town Board schedules a Public Hearing on February 23, 2006 at 8:40 p.m. on the Roger Jay Morrison request for a Special Use Permit to relocate and operate a small business at 2062 Magog Road.
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
WHEREAS, Charlene
Lawrence, has
applied to the Town of Macedon for rezoning of 24 acres of land from AR-40
(Agricultural-Residential) to NCD (New Community District), incorporating the
following parcels:
Tax Parcel Owner of Record Address Acreage to be rezoned
62113-00-495703 Charlene Lawrence 1279 Eddy Road 24.0 acres
AND WHEREAS, the rezoning area is located
at the intersection of Eddy Road and the Gananda Parkway in the Town of
Macedon, Wayne County, New York, as further depicted on an engineering map
prepared by David Matthews, P.E. titled “Proposed Rezoning Map”, dated November
30, 2005.
AND WHEREAS, the purpose of the rezoning
is to expand the existing NCD zoning district to provide for additional
industrial and commercial development within the Gananda Planned Development.
BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:
1.
The
proposed action is subject to the State Environmental Quality Review Act.
2.
The
proposed action does not involve a Federal agency.
3.
The
proposed action does not involve other agencies.
4.
Using
the information available and comparing it with the thresholds set forth in
section 6 NYCRR 617.4, the action is found to have a preliminary classification
of Type 1.
5.
As
a Type 1 action, Part 1 of the Long Form EAF has been prepared by the Applicant
and reviewed by the Town Engineer, and Part 2 of the Long Form EAF has been
prepared by the Town Engineer to determine the significance of the proposed
action.
6.
The
proposed action is not located in a coastal area.
7.
The
proposed action is located in an agricultural district.
8.
A
non-coordinated Review for Type 1 actions involving a single agency has been
performed.
9.
The
Macedon Town Board is the lead agent.
10.
The
Macedon Town Board hereby determines that the proposed action is in general
conformance with the adopted town-wide Master Plan, and will not result in any
significant adverse environmental impacts, a Negative Declaration is declared,
and the Town Board hereby directs the Town Clerk to immediately file the
determination in accordance with section 6 NYCRR 617.12.
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FEBRUARY 9, 2006
11.
In
reaching this finding, the Town Board has:
(a) Considered the action as defined in sections 6 NYCRR 617.2 (b)
and 617.3 (g),
(b) Reviewed the EAF, the criteria contained
in subdivision 6 NYCRR 617.7 (c) and any other supporting information to
identify the relevant areas of environmental concern,
(c) Thoroughly analyzed the identified
relevant areas of environmental concern to determine if the action may have a
significant adverse impact on the environment; and,
(d) Set
forth its determination of significance in this resolution, in addition to the
corresponding long environmental assessment form.
12.
In
determining significance, the Town Board has determined whether the proposed
Type 1 Action may have a significant adverse impact on the environment, the
impacts that may be reasonably expected to result from the proposed action
compared against the criteria in 6 NYCRR 617.
The criteria considered indicators of significant adverse impacts on the
environment were:
(a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;
(b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;
(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);
(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;
(e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;
(f) A major change in the use of either the quantity or type of energy;
(g) The creation of a hazard to human health;
(h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;
(i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;
(j) The creation of material demand for other actions that would result in one or the above consequences;
(k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or
(l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.
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FEBRUARY 9, 2006
13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;
(a)
Included
in any long range plan of which the action under consideration is a part;
(b)
Likely
to be undertaken as a result thereof, or
(c)
Dependent
thereon.
14. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:
(a)
Its
setting (e.g., urban or rural);
(b)
Its
probability of occurrence;
(c)
Its
duration;
(d)
Its
irreversibility;
(e)
Its
geographic scope;
(f)
Its
magnitude; and
(g)
The
number of people affected.
MOTION BY NAWROCKI, SECONDED
BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 62 (06) LOCAL LAW NO. 2 LAWRENCE REZONING
(Rezoning of Lawrence Property at Eddy Road and Gananda Parkway)
BE IT ORDAINED AND ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON THAT THE TOWN ZONING MAP ADOPTED WITH THE ZONING LAW OF THE TOWN OF MACEDON BE AMENDED TO PROVIDE AS FOLLOWS:
Based on the petition of the involved owner, the zoning map of the Town of Macedon be, and the same is hereby amended by re-zoning of 24.00 acres of land, tax parcel ID# 62113-00-495703, located at the corner of Eddy Road and the Gananda Parkway in the Town of Macedon, Wayne County, New York from AR-40 (Agricultural/Residential) to NCD (New Community Development).
The area of the rezoning is located on the northeast and northwest corners of the intersection of Eddy Road and the Gananda Parkway, bordered by property owned by the Gananda Partnership and the Gananda Central School to the north, High Precision Properties, Gananda Partnership and other lands of Lawrence to the west, Eddy Road, Robert Hoagland and James Maclee to the south, and Gananda Central School to the east.
The purpose of the rezoning is to extend and expand the existing adjacent NCD zoning district over a portion of the lands owned by Lawrence.
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
WHEREAS, John S. Seely and Madona L. Seely, Grantors, have offered to dedicate the lands to the Town of Macedon for highway purposes of extending the street known as Spruce Run in a westerly direction, more particularly described as follows:
Beginning at a point, said point being the southwesterly property corner of the municipal Spruce Run Roadway within the Spruce Run Subdivision, Section 2, Town of Macedon, Wayne County, New York; thence
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FEBRUARY 9, 2006
WHEREAS, the Town of Macedon, wishes to accept a deed to the lands to be used to extend Spruce Run;
WHEREAS, John S. Seely and Madonna L. Seely, have offered to grant a 55 foot wide easement to the Town of Macedon to be used as turnaround and more particularly described as follows:
WHEREAS, the Town of Macedon, wishes to accept an easement for a turnaround;
THEREFORE, BE IT RESOLVED, that consent be and the same is hereby given to the Town Superintendent of Highways of the Town of Macedon to make an order laying out the lands described in said dedication, dated February 9, 2006 for highway purposes, in accordance with the provision of the Highway Law and other statues applicable thereon.
FURTHER RESOLVED, that the Supervisor is directed to execute a consent of the Town Board to be delivered to the Town Superintendent of Highways.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLVED the Board enters Executive Session at 8:35 p.m. to discuss a particular personnel issue.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLVED the Board returns to Open Session at 10:20 p.m.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND
AYE MOTION CARRIED
ABSTRACT 2-06
Claim Nos. 12436-12586 Expenidtures in the amount of
$142,546.11
RESOLVED the bills be paid as audited.
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
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FEBRUARY 9, 2006
MOTION BY NAWROCKI, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED AT 10:25 PM.
______________________________
Respectfully submitted by:
Judy W. Gravino, RMC
Macedon Town Clerk