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At a regular meeting of the Board of Trustees of the Village of Arcade, Wyoming County, New York held on Tuesday, July 15, 2003, at 7:00 P.M. there were:
PRESENT
Mayor Michael Doster, Deputy Mayor Hugh Ely, Trustee Richard Kosmerl, Trustee Daniel Reisdorf, Superintendent Larry A. Kilburn
ABSENT
Trustee Ginger Comstock
ALSO PRESENT
Police Chief John Laird, Deborah Titus – Arcade Herald, Margaret Morgan, Alan Bliss, William Morrison, Sandie Dutton, Cheryl Parker, Neil Williams, George Hezel
NOTICE
Pursuant to Article 7 of the Public Officers Law, notice of this meeting was given to the media on the 3rd day of July, 2003 and the same posted on the 3rd day of July, 2003.
PLEDGE TO ALLEGIANCE
Mayor Doster opened the meeting with the Pledge to Allegiance.
APPROVE MINUTES
Motion by Trustee Kosmerl, seconded by Deputy Mayor Ely and unanimously carried the minutes from a regular board meeting held on July 1, 2003 be approved as presented.
PUBLIC HEARING – PROPOSED LOCAL LAW 4-2003 – ZONING
The purpose of this amendment is to further define Residence Single Family, Residence Two Family and Residential Multi-Family and to amend the uses permitted by right and special permit in the R2 and R3 Districts. The amendment also adds a new section 817 entitled Lighting Standard for Site Plans to provide specific guidelines for site plan applications and standards in regards to lighting to maximize the effectiveness of site lighting, to avoid unnecessary upward illumination and illumination of adjacent properties and to reduce glare.
The Wyoming County Planning Board at their meeting on July 7, 2003 recommended approval on the amendments for the Residential areas with the following comments for local consideration:
The text changes, combined with the map changes will significantly alter the locations where duplex and apartment housing will be allowed. Eliminating the possibility of new apartment or duplex construction in the R-2 District may preserve the physical integrity of single family residential neighborhood areas zoned R-2 over time. These areas contain most of the housing in the Village. Under the new provisions, the potential locations for duplex and apartment housing will be more limited since such development would be required to locate in the R-3 District. However, R-3 zoned lands that are potentially viable for development of these housing forms are being added.
Current zoning describes the R-2 District as “Low Density Residential”. The R-2 District includes some areas that could be developable at higher densities currently (the District currently allows density of up to 4.5 dwelling units per acre with clustering or planned unit development). The proposed change reduces this density. No known planned duplex construction in R-2 will be hindered; some units are already approved. The zoning text amendments may also have the effect of not encouraging redevelopment of small lots in R-2 for multiple unit dwellings. The zoning text change by itself without the zoning map amendments, serves to reduce overall development potential.
The R-3 District, allowing density of up to 7.5 dwelling units is more conducive to apartment development. Combining the map and text change is a comprehensive approach. The Village Comprehensive Plan completed in 1996 noted a need for rental apartment and condominiums in the Village and for properly zoning for a variety or residential uses. A Comprehensive Plan table incorrectly identifies R-2 as permitting single family uses under zoning, not duplexes or clustered apartments. The Plan, which is excellent overall, appears to intend that the R-2 zone should be a single family housing area. In that way, this amendment is consistent with the plan.
Consistent with past Village inquiries, prompted by a request from the County Community Action Agency, Planning & Development recently did a cursory examination of housing needs in the Village.
2000 Census information on demographics and housing, local employment trends, growth in surrounding communities, and how the Village of Arcade’s housing mix compared to other villages was considered. A basic conclusion was that the Village continues to have a gap in providing rental housing. Reducing the garage requirement in R-3 seems reasonable and would increase the feasibility of projects and affordability of units.
Should the Village consider adding a provision listing exceptionally large structures as existing at the time of the zoning change with more than two units as conforming exceptions? The possibility of additional units for large structures based on thresholds of livable square footage might also be documented. This would allow productive utilization of structures and eliminate enforcement headaches and predictable variance requests. Site plan review could be required to ensure basic standards such as adequate parking are met.
The Wyoming County Planning Board had no recommendation on the lighting regulation as the proposed action has no significant negative county-wide or inter-community impact. They had the following comments:
The intent of ensuring appropriate lighting is laudable. The standards should provide clear direction to applicants. How will compliance be measured? Some of the standards appear more oriented to development common in a large city that has more significant nighttime activity and distinct commercial districting. The intent of limiting inappropriate lighting in certain areas may be advanced if standards for different uses match with Arcade’s zoning district designations.
There is a lengthy purpose section that appears more suitable for a development guidelines booklet. If the Village intends to go to a detailed level on other site development standards, perhaps a booklet that includes extensive design rationale and visual examples would be appropriate. Zoning could just refer to the guidelines as applicable standards unless alternatives are approved by the Planning Board due to unusual circumstances. As an alternative to a zoning change, enforceable guidelines could be approved as part of a Comprehensive Plan amendment.
The Arcade Planning Board had the following recommendations:
Regarding Multi-Family Homes, Town Houses and Apartment Building:
Section 202-2.65, number 1 should read – “A detached building designed….” The word having being deleted and the word detached added.
Regarding Section 817 Lighting Standard for Site Plans:
1. The definition of Light Trespass is not used in the actual proposed zoning regulation. It only appears in the background discussion. Why define something if you are not addressing it in the law?2. Under 3. Signs and Lighting, second line,… “and plans for all signs and outdoor lighting.” The word “illuminated” should be placed before “signs”. The Planning Board is not required to review sign permits.3. The flagpole issued should be stricken. We feel the issue of glare and trespass from up lighting of flagpoles could be addressed by shielding of the fixture. You indicate that existing flagpoles are to be grandfathered and we do not believe there will be a significant building of new flagpoles that would contribute to upward sky glow. We also believe safety issues are a concern for maintenance of light fixtures attached to the top of flagpoles.
Mayor Doster opened the public hearing for comments.
Bill Morrison asked if he was to understand that the R2 District would be strictly for single family homes with no exceptions? He was informed that duplexes would only be allowed by conversion under the special permit process and that it would have to be owner occupied. He then asked how many duplexes are allowed on Jackson Drive? There would be a total of five. Two that are completed, one that is under construction and two that are in the special permit process.
Trustee Kosmerl referred to the requested changes by the Arcade Planning Board for the Lighting Standards and was in agreement with items 1 and 2. However, he still feels strongly about the uplighting for flagpoles. The safety issue in number 3 he feels would be covered by the owners liability insurance. As far as the County’s comments regarding a Development Guidelines Booklet he felt that it might be a good thing to have but he was not sure if the cost of having one was warranted. Superintendent Kilburn stated the only thing close to development guidelines is the Village’s Subdivision Regulations.
There was more discussion among the board on the uplighting of flagpoles and the thought was maybe to limit the wattage for upward lighting.
There being no further questions or comments motion was made by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried to close the public hearing at 7:18 P.M.
PUBLIC HEARING – PROPOSED LOCAL LAW 5-2003 – ZONING MAP
This local law is to amend the Zoning Map to incorporate the above changes.
The Wyoming County Planning Board recommended approval of this action. The following comments for were received for consideration:
The proposed map changes increase the supply of potentially developable land zoned for multi-family residential development. This should provide some positives as noted in the comments of Proposed Local Law 4-2003 and should not lend to significant negative impacts if future projects requiring a special permit or site development approval are well planned. Apartment projects in the R-3 district should require sewer service to be feasible and some of the areas being rezoned to R-3 do not currently have sewer service. Thus, the area is likely to be fully developed only over time. The total acreage of the map changes also appears to be significantly less that the 600 acres listed on the SEQR.
As mentioned in the comments for Proposed Local Law 4-2003, SEQR should indicate a decrease in potential for housing development due to the zoning text changes. However, SEQR should recognize the maximum potential for increased volume of development based on the higher density of developable land in the new R-3 District area (multiply # of acres in the new R-3 District times the potential increase of three additional housing units, 7.5 units per acre, versus the current potentially developable unit total of 4.5 per acre). There could be future impacts related to this action over time and this should be recognized. Those impacts should be small to moderate in size and they can be mitigated. If the land area north of North Street is developed to the allowed intensities, multiple accesses could be required for safety (for instance a secondary access to Douglas Drive could be required at some point). Sidewalks should also be provided in multifamily residential areas. SEQR identified 30% of the total project land area as poorly drained and 25% as having slopes of over 10% and this may underestimate conditions in the new R-3 area. Does the Village have a clear process to integrate State and Federal Phase II Stormwater management regulations with site plan review?
A basic review of parcels seems to support the intent and purpose of the zoning map changes to R-3 and R-2. Appropriate siting for multifamily housing can make a difference in whether actual construction occurs. Actual construction can be important to meeting housing needs in the County.
Of the land area proposed for rezoning to R-3, the Village Comprehensive Plan identified the eastern portion of land north of North Street as a suitable/desired area to be rezoned for multifamily development. For that area, the proposed amendment is specifically consistent with the Plan. Several other areas zoned for multifamily development, or identified in the Plan as potentially suitable for multifamily development, have not proven feasible to this point, the larger R-3 area north of North Street may advance the overall rental and condominium housing aims of the Plan. There are two known intended clustered duplex or apartment developments in the proposed new R-3 zoning area. One project will not be hindered and the other that does not appear allowable in the current R-2 District, would be allowable if the land for the preferred site is rezoned to R-3 as proposed.
Combined with the more restrictive zoning text change to R-2, reclassifying land near the center of the village from R-3 to R-2 may reduce the possibility of change in those neighborhoods. There are few to no undeveloped parcels. Although there may be positive affects of eliminating undesirable redevelopment, eliminating the possibility of new duplexes and small apartment buildings would also make desirable redevelopment projects in some R-2 neighborhoods less likely. The Village should monitor these areas because at some point redevelopment of several contiguous parcels may be warranted and small map zoning changes to R-3 may be desirable.
Mayor Doster opened the public hearing for comment.
Cheryl Parker stated that when speaking to Mr. Skoglund he had commented that whatever changes are made to the R3 District will also affect the R3B District that is on the North side of West Main Street from Church to West Streets. She thought he might mention that in his comments.
Trustee Kosmerl asked about integration of State and Federal Laws for Stormwater Management and if this is addressed? Superintendent Kilburn stated that he did not know but that it should be covered by the Arcade Planning Board during their site plan review process. He suspects that they are aware of the issue and that any kind of development would have a developer that is aware of it. As far as single family and duplexes he was not sure what the Planning Board had.
George Hezel from Housing Unlimited, who is working with the Wyoming County Community Action group to put up one of the housing projects on North Street, addressed the board stating that they were in favor of the type of rezoning the Village is considering and feels that it is entirely appropriate for the residents of the Village.
There being no further questions or comments motion was made by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried to close the public hearing at 7:26 P.M.
BID OPENING – FIREHALL ROOF
This meeting having been duly advertised for the receival of bids for a new roof on the Arcade Fire Hall the above mentioned persons were in attendance. The following bids were received:
Name and Address Amount Amount
Partial (Lower) Full
T&T Construction $34,386 $78,486
Hurdville Road
Arcade, New York
Just Barns $26,660 $55,606
Rt. 78
Java Center, New York
Motion by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried the bids be turned over to the Superintendent of Public Works and the Arcade Fire Department for their review and recommendation.
FIRE DEPARTMENT
Trustee Reisdorf commended the quick actions of Fire Department member Mike Landis for his actions in assisting the Police Department with an incident last Tuesday.
Chief Williams informed the board that William Landahl, Captain of the Arcade Rescue Squad received the EMT of the Year award for Wyoming and Erie Counties. The board commended Bill for this award.
PARK CABIN - CARPETING
Margaret Morgan addressed the board regarding the carpet in the Park Cabin. She stated that Stanley Steamer had been there on Monday and that it looks nice. She would also like mention on the list of regulations for the Park Cabin that people do not drag table across the carpeting. The tablesmust be lifted and moved.
CATS
Margaret Morgan asked what can be done about cats in the Village. She was informed that this issue has come up before and the problem is enforcement. Chief Laird was asked to check into laws in other municipalities.
RESOLUTION SEQR DETERMINATION OF SIGNIFICANCE FOR CHANGES TO VILLAGE OF ARCADE ZONING:
The following resolution was offered by Trustee Kosmerl and seconded by Trustee Reisdorf:
SEQR DETERMINATION OF SIGNIFICANCE
FOR CHANGES TO VILLAGE OF ARCADE ZONING TO
REDEFINE RESIDENTIAL SINGLE FAMILY, TWO FAMILY AND MULTI-FAMILY
R1 AND R2 DISTRICTS
WHEREAS, the Village Board of Trustees of the Village of Arcade has agreed to redefine Residence Single Family Detached, Residence Two Family and Residential Multi-Family and the uses permitted by right and by special permit in the R2 and R3 Districts; and
WHEREAS, the changes have been reviewed by the Arcade Planning Board and the Wyoming County Board and have found that the proposed actions have no significant county-wide or inter-community impact, and
WHEREAS, the actions under consideration would be directly undertaken by the Village board and the Arcade Planning board and do not involve approvals from any other agencies; and
WHEREAS, the Village Superintendent of Public Works has provided a draft copy of the Full Environmental Assessment Form (EAF); and
WHEREAS, the members of the Village Board have considered this action as defined in the SEQR regulations, reviewed the long form EAF and other relevant information, and
WHEREAS, after the identification and analysis of relevant areas of concern, the Village Board has determined that the adoption of the proposed actions will not result in any significant adverse environmental impacts;
NOW, THEREFORE, BE IT
RESOLVED, that the Village Board of Trustees of the Village of Arcade hereby makes the determination that the identified adverse environmental impacts will not be significant and an EIS will not be required for this action;
AND BE IT FURTHER RESOLVED, that The Village Board of Trustees of the Village of Arcade hereby authorizes the Mayor to sign the EAF and the Negative Declaration that embody this determination and directs that the Village Superintendent of Public Works file this negative declaration with other agencies in accordance with the established procedures in 6 NYCRR 616.12.
The above motion was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Hugh Ely Aye
Trustee Ginger Comstock Absent
Trustee Richard Kosmerl Aye
Trustee Daniel Reisdorf Aye
RESOLUTION TO ADOPT LOCAL LAW 4-2003 - ZONING
After discussion motion was made by Trustee Kosmerl, seconded by Mayor Doster and unanimously carried to incorporate the following changes into proposed local law 4-2003 Zoning:
1. Section 202-2.65, number 1 should read “A detached building designed…” the word having being deleted and the word detached added.2. Section 817 - remove the definition of Light Trespass.3. Section 817 – Under 3 – Signs and Lighting, second line, …”and plans for all signs and out door lighting.” The word “illuminated” should be placed before “signs”.
The board tabled any action on adopting this local law until the next meeting as they will review the possibility of adding a wattage requirement to the uplighting of flag poles.
RESOLUTION TO ADOPT LOCAL LAW 5-2003 – ZONING MAP
The board tabled any action on adopting this local law as there is a parcel that is shown on two different tax maps. The only significance is that the part of the parcel to the east side has sewer, the part of the parcel to the west side does not. The Zoning change technically stops with the arbitrary line between the two tax maps on parcel 183.09-1-1 as shown on Tax Map 180.09. The board also discussed secondary access.
SET DATE FOR PUBLIC HEARING ON ADELPHIA CABLE FRANCHISE AGREEMENT
Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried a Public Hearing regarding the Cable Franchise Agreement by and between the Village of Arcade and L.L.C. DBA Adelphia be set for August 5, 2003 at 7:00 P.M.
RESOLUTION MEUA ANNUAL MEETING
The following resolution was offered by Mayor Doster and seconded by Trustee Kosmerl:
RESOLUTION
WHEREAS, the Board of Trustees of the Village of Arcade, New York, is a municipal member of the Municipal Electric Utilities Association of New York State, and
WHEREAS, the Annual Conference of the Municipal Electric Utilities Association of New York State has been called on September 9, 10, 11 and 12, 2003 to be held at the Riveredge Resort, Alexandria Bay, New York, and
WHEREAS, in accordance with the bylaws of the Municipal Electric Utilities Association of New York State, each municipal member may cast one vote on each transaction properly brought before this meeting,
NOW, THEREFORE, Be It Resolved, that Superintendent of Public Works Larry A. Kilburn be and is hereby designated as the accredited delegate of the Village of Arcade, New York.
The above resolution was adopted upon the following vote:
Mayor Michael Doster Aye
Deputy Mayor Hugh Ely Aye
Trustee Ginger Comstock Absent
Trustee Richard Kosmerl Aye
Trustee Daniel Reisdorf Aye
PERMISSION TO ATTEND CONFERENCE
Motion by Trustee Reisdorf, seconded by Deputy Mayor Ely and unanimously carried permission be granted to up to two people from the office to the KVS User Conference at the Adams Mark Hotel in Buffalo, New York on August 18, 19 and 20, 2003.
NOTICE OF GRANT AWARD
Notification has been received from the Bureau of Justice Assistance (BJA) that the Village’s application for the 2003 Bulletproof Vest Partnership Grant Program has been approved in the amount of $1,101.51. These funds may be used to pay up to 50% of the cost of approved vest purchases.
ELECTRIC DEMAND RATES
Superintendent Kilburn discussed information on demand vs. non-demand comparisons that was previously given to each board member along with various scenarios. After discussion the board felt that they would go for the proposed rate increase for this year and then do a cost of service study that would affect the rate structure in the next fiscal year. The Village will also review the possibility of seasonal rates and/or raising the lower limits for demand customers. Motion was made by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried that the Village order a Cost of Service Study through the Public Service Commission.
BUDGET ADJUSTMENTS
Motion by Mayor Doster, seconded by Deputy Mayor Ely and unanimously carried the following budget adjustment for the fiscal year 2002-2003 and 2003-2004 be approved as presented by the Clerk:
Available upon request
AUDIT BILLS
Motion by Mayor Doster, seconded by Trustee Kosmerl and unanimously carried the Village bills be audited and paid and that the clerk be granted permission to transfer funds from the money market accounts to the checking accounts to cover such bills.
VILLAGE PARK – DOGS
Deputy Mayor Ely ask the Police Dept. to check into people allowing their dogs to run in the park and not remove deposits left by the dogs.
SCHEDULING OF WORK
There was discussion on various projects in the Village and the scheduling of personnel.
REPORTS RECEIVED
Ambulance report for the month of June was received, reviewed and placed on file.
Village Justice and Acting Village Justice reports for the month of June were received, reviewed and placed on file.
Fire Department report for the month of June was received, reviewed and placed on file.
ADJOURN
There being no further business to come before the board the meeting duly adjourned at 9:08 p.m. upon motion by Mayor Doster and seconded by Trustee Kosmerl.
_______________________
Village Clerk
