Minutes

July 01, 2009

Body:
A special meeting of the Board of Trustees was held on Wednesday, July 1, 2009, in the Village Hall. Mayor Maedl opened the meeting at 4:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Westcott, Clerk-Treasurer Schweigert, Zoning Enforcement Officer Tom Arlington, and Daniel E. Seaman, attorney. Trustee Sarchia was absent. Deputy Mayor Conley led the Pledge of Allegiance. There were several Village residents in attendance, as well. Mayor Maedl opened the public hearing on the adoption of a proposed local law entitled, “A Local Law amending Chapter 200 of the Code of the Village of Middleport and the Zoning Map of the Village of Middleport.” The property in question is commonly known as 5 Terry Street which is now zoned residential. The Local Law amendment would change the zoning to light industrial. Mayor Maedl read the amendments. Pat Cousins, 4 Terry Street, addressed the Board. He doesn’t want the face of the street to change. He doesn’t mind the expansion at Sigmamotor, Inc., but he doesn’t want the house that is currently located at 5 Terry Street to be taken down. Will the house be zoned L-I in the future? Is there any way to split the property so it is half residential and half light industrial. Discussion ensued regarding current and future uses of the property. Mr. Seaman explained that if the house were to be removed, the property would not be large enough for expansion without a variance. In order to get a variance granted, the owner would have to petition the Zoning Board. The house is currently used for office space, a break room, and the upstairs is rented out. Petitioner Donald Heschke said he would sign something that indicated he would not remove the house so long as he owned the property. He also said that if he had to expand in the future, he would move to a different site. Lizabeth Cousins, 4 Terry Street, asked for reassurance that the house wouldn’t be taken down and a parking lot put in. Mr. Heschke assured her that this wouldn’t happen. Mr. and Mrs. Cousins are mostly concerned about the aesthetics of the neighborhood and don’t want the company’s expansion to change them. Mr. Seaman advised that a restrictive covenant could be done, although it would not be part of the rezoning. It could be drawn up separately. This property will also be addressed by the Zoning Board due to a variance issue, so it could be made a condition of the variance. It will be addressed at the variance hearing. John Shuttleworth, 6 Sherman Road, said that the Cousinses addressed the issues he was concerned about. Mayor Maedl closed the hearing at 4:11 p.m. At this time the Board addressed SEQRA. Mr. Seaman advised that the short form has been submitted and it indicates there will be no adverse effects on the environment. The following resolution was offered by Trustee Westcott, who moved its adoption, and was seconded by Deputy Mayor Conley, WHEREAS a Local Law entitled “A Local Law amending Chapter 200 of the Code of the Village o Middleport and the Zoning Map of the Village of Middleport” having been introduced, and a Short Form Environmental Assessment Form having been prepared and filed with the Village of Middleport, relative to the proposed amendment to said Local Law, NOW, THEREFORE, BE IT RESOLVED that the Village of Middleport Board of Trustees intends to act as lead agency. The action is an unlimited action pursuant to the State Environmental Quality Review Act (SEQRA), and FURTHER BE IT RESOLVED that after reviewing the Environmental Assessment Form and considering the information contained therein and related factors and information, this Agency finds that this action will not have a significant adverse effect on the environment for the reasons set forth in the attached proposed Negative Declaration and, accordingly, directs that the Negative Declaration pursuant to SEQRA be issued. The vote on the preceding resolution was as follows: Ayes: Deputy Mayor Conley, Trustee Bateman, Trustee Westcott, and Mayor Maedl; Nays: none; Absent: Trustee Sarchia; Abstentions: none. The resolution was duly passed. The LWRP was addressed. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, based on the Village’s Local Waterfront Revitalization consistency law, the following findings are made: Pursuant to Section 97-4 of the Village Code, that after considering the factors of 174-D, the proposal is consistent with the Village’s Local Waterfront Revitalization Plan’s policies and conditions as set forth in 174-D of the Village Code. Carried. The amendment to the local law was addressed. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to adopt a local law entitled “A Local Law amending Chapter 200 of the Coe of the Village of Middleport and the Zoning Map of the Village of Middleport,” to amend the zoning of the property commonly known as 5 Terry Street. Carried. At this time the Board reviewed the plans for the site. Zoning Officer Arlington recommends approval, with the setbacks subject to a variance and the fire resistance rating be addressed. The plans will now put masonry side as it is close to residences and it will be more aesthetic. Trustee Westcott asked if there is a fire hydrant nearby and the size of the line. There is one in the parking lot. Mr. Heschke did not know the side of the line. Trustee Westcott suggested he make sure it can handle the addition. Mr. Heschke also pointed out that there will drainage from the roof to the storm sewer. A motion was made by Trustee Westcott, and seconded by Deputy Mayor Conley, to accept the site plan dated May 30, 2009, drawing no. A1 as modified and initialed by the application showing modifications of the building and on the condition of approval of the building inspector of fire rating of building materials. Carried. Updated plans will reflect the changes. Clerk Schweigert advised the Board that one of the swim instructors hired at the June 15, 2009, meeting declined the position. Swim Director Kathy Mullin has submitted another name for consideration. The job application and required certifications have been submitted to Civil Service for approval. A motion was made by Trustee Bateman, and seconded Deputy Mayor Conley, to hire Jennifer Niethe as swim instructor at the rate of $8 per hour for the 2009 swim program, pending Civil Service approval. Carried. There being no further business, a motion was made by Trustee Westcott, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 4:20 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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