REGULAR MEETING – VILLAGE OF NORTHVILLE
Tuesday, January 18, 2022
The Village Board met Tuesday, January 18, 2022 at 7:00 PM
Present: John Spaeth, Mayor
Steve Collins, Trustee
Sue Eckert, Trustee
John Markiewicz, Trustee
Sue Sedon, Trustee
Wendy Reu, Village Clerk
Nathan Matthews, Treasurer
Dan Reidell, Highway Superintendent
Public Attendance: Chantal Daigneault, Mike Warner
Mayor Spaeth called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited.
Motion to approve the minutes of the December 21, 2021 Regular Meeting was made by Trustee Sedon, seconded by Trustee Eckert, and passed by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
PUBLIC HEARING: Local Law # 1 of 2022 Local Waterfront Consistency Review Law and Waterfront Access Form.
Mayor Spaeth opened the Public Hearing at 7:02 p.m. for Local Law # 1 of 2022 as follows:
Local Law # 1 of the Year 2022
Be it enacted by the Village Board of the Village of Northville as follows:
General Provisions I. Title.
This law may be known as the Village of Northville Local Waterfront Revitalization Program (LWRP) Consistency Review Law.
- Authority and Purpose.
- This local law is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the executive Law).
- The purpose of this law is to provide a framework for the agencies of the village of Northville to incorporate the policies and purposes contained in the Village of Northville Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions located within the waterfront revitalization area; and to assure that such actions and direct actions undertaken by Village agencies are consistent with the LWRP policies and purposes.
- It is the intention of the Village of Northville that the preservation, enhancement, and utilization of the unique waterfront revitalization of the Village occur in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate growth. Accordingly, this law is intended to achieve such a balance, permitting the beneficial use of waterfront resources while preventing: degradation of loss of living waterfront resources and wildlife; diminution of open space areas or public access to the waterfront; disruption of natural waterfront processes; impairment of scenic or historical resources; losses due to flooding, erosion, and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems.
- The substantive provisions of this local law shall only apply while there is in existence a Village of Northville Local Waterfront Revitalization Program that has been adopted in accordance with Article 42 of the Executive Law of the State of New York.
- “Actions” include all the following, except minor actions:
1) Projects or physical activities, such as construction or any other activities that may affect natural, manmade, or other resources in the waterfront revitalization area, or the environment by changing the use, appearance, or condition of any resources or structures that:
- are directly undertaken by an agency; or ii. involve funding by an agency; or
iii. require one or more new or modified approvals, permits, or review from an agency or agencies;
2) agency planning and policymaking activities that may affect the environment and commit the agency to a definite course of future decisions;
3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect waterfront resources or the environment; and
4) any combination of the above.
- “Agency” means any board, agency, department, office, other body, or officer of the Village of Northville.
- “Waterfront revitalization area” means that portion of New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law which is located within the boundaries of the Village of Northville, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Village of Northville Local Waterfront Revitalization Program (LWRP).
- “Waterfront Assessment Form (WAF)” means the form, a sample of which is appended to this local law, used by an agency or other entity to assist in determining the consistency of an action with the Village of Northville Local Waterfront Revitalization Program.
- “Code Enforcement Officer” means the Building Inspector and/or Code Enforcement Officer of the Village of Northville.
- “Consistent” means that the action will fully comply with the LWRP policy standards, conditions, and objectives and, whenever practicable, will advance one or more of them.
- “Direct Actions” mean actions planned and proposed for implementation by an agency, such as, but not limited to, a capital project, rulemaking, procedure making and policy making.
- “Environment” means all conditions, circumstances, and influences surrounding and affecting the development of living organisms or other resources in the waterfront revitalization area.
- “Local Waterfront Revitalization Program” or “LWRP” means the Village of Northville Local
Waterfront Revitalization Program approved by the Secretary of State pursuant to the
Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Article 42 of the Executive Law), a copy of which is on file on the Office of the Clerk of the Village of Northville.
- “Minor actions” include the following actions, which are not subject to review under this law:
1) maintenance or repair involving no substantial changes in an existing structure or facility;
2) replacement, rehabilitation, or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by local law where structures may not be replaced, rehabilitated or reconstructed without a permit;
3) repaving of existing paved highways not involving the addition of new travel lanes;
4) street openings and right of way openings for purpose of repair or maintenance of existing utility facilities;
5) maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected in Nature Preserves or within the Hudson River Black River Regulating district;
6) granting of individual setback and lot line variances, except in relation to a regulated natural feature;
7) minor temporary uses of land having negligible or not permanent impact of waterfront resources or the environment;
8) installation of traffic control devises on existing streets, roads and highways;
9) mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns;
10) information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or Unlisted action;
11) official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant’s compliance or noncompliance with the relevant local building or preservation code(s);
12) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;
13) conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action;
14) collective bargaining activities;
15) investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt;
16) inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession;
17) purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, or other hazardous materials;
18) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list;
19) engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this Part have been fulfilled;
20) civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgement or order, or the exercise of prosecutorial discretion;
21) adoption of a moratorium on land development or construction;
22) interpreting an existing code, rule or regulation;
23) designation of local landmarks or their inclusion within historic districts;
24) emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and
are performed to cause the least change or disturbance, practicable under the circumstances, to waterfront resources or the environment.
25) Local legislative decision such as rezoning where the Village Board of Trustees determines the action will not be approved.
- “Waterfront Advisory Committee” or “Committee” means the committee of the Village of Northville, as created pursuant to this law. (See V., below)
- Management and Coordination of the LWRP.
- The Village Planning Board shall be responsible for overall management and coordination of the LWRP. In performing this task, the Village Planning Board shall:
1) Inform the Village Board of Trustees on implementation, priorities, work assignments, timetables, and budgetary requirements of the LWRP.
2) Make applications for funding from State, federal, or other sources to finance projects under the LWRP.
3) Coordinate and oversee liaison between Village agencies and departments, to further the implementation of the LWRP.
4) The Village will also coordinate with NYS Department of State (DOS) regarding consistency for actions by State of federal agencies. Coordination shall include providing an informal opinion on the proposed action to DOS at DOS’s request, within 15 days of said request, regardless of any requirement for a local consistency decision.
5) Prepare an annual report of progress achieved and problems encountered in implementing the LWRP and recommend actions necessary for further implementation to the appropriate Village Board of Trustees.
6) Perform other functions regarding the waterfront revitalization area and direct such actions or projects as are necessary, or as the Village Board of Trustees may deem appropriate, to implement the LWRP.
- In order to foster a strong relationship and maintain an active liaison among the agencies responsible for implementation of the LWRP, the Village Planning Board shall schedule at least semi-annually a LWRP coordinating council/assembly, including but not limited to representatives of the Village Board of Trustees, Planning Board, Zoning Board of Appeals, and such other department or individuals charged with LWRP implementation.
- Review of Actions.
- Whenever a proposed action is located in the waterfront area, each Village agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in section I. below. No action in the waterfront area shall be approved, funded or undertaken by an agency without such a determination.
- The Village Planning Board shall be responsible for coordinating review of actions in the Village’s waterfront area for consistency with the LWRP, and will advise, assist and make consistency recommendations for other Village agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative, and other actions included in the program.
- The Village Planning Board will assist each agency with preliminary evaluation of actions in the waterfront area, and with preparation of a WAF. Whenever an agency receives an application for funding of an action, or as early as possible in the agency’s formulation of a direct action to be located in the waterfront area, the agency shall refer such application or direct action to the Committee, within ten (10) days of its receipt, for preparation of a WAF, a sample of which is appended to this local law.
- The Village Planning Board shall require the applicant to submit all completed applications, EAFs, and any other information deemed necessary to its consistency recommendation. The recommendation shall indicate whether, in the opinion of the
Committee, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its opinion. The Committee shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them. Such recommendation shall go to the agency within thirty
(30) days of receipt of the completed information submitted by the applicant.
- If an action requires approval of more than one agency, decision making will be coordinated between agencies to determine which agency will conduct the final consistency review, and that agency will thereafter act as designated consistency review agency. Only one WAF per action will be prepared. If the agencies cannot agree, the Village Planning Board shall designate the consistency review agency.
- Upon recommendation of the Village Planning Board, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Section I.
herein. Prior to making its determination of consistency, the agency shall consider the consistency recommendation of the Committee. The agency shall render a written determination of consistency based on the WAF, the Committee recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the waterfront area without a determination of consistency. The designated agency will make the final determination of consistency.
The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this law. The Zoning Board of Appeals shall consider the written consistency recommendation of the Committee in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activity consistent with the objectives of this law.
- Where an EIS is being prepared or required, the draft EIS must identify applicable LWRP policies and standards and include a discussion of the effects of the proposed action on such policy standards. No agency may make a final decision on an action that has been the subject of a final EIS and is located in the waterfront agency until the agency has made a written finding regarding the consistency of the action within the local policy standards referred to in Section I. herein.
- In the event the Village Planning Board’s recommendation is that the action is consistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and explain the manner and extent to which the action is consistent with the LWRP policy standards.
- Actions to be undertaken within the waterfront area shall be evaluated for consistency in accordance with the following summary of LWRP policies, which are derived from and further explained and described in the Village of Northville LWRP, a copy of which is on file in the Clerk’s office and available for inspection during normal business hours. Agencies which undertake direct actions shall also consult with Section IV – Proposed Land and Water uses and Projects of the LWRP, in making their consistency determination. The action shall be consistent with the policies to:
1) Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses (Policy 1).
2) Retain, develop and promote water-dependent uses and facilities on or adjacent to coastal waters (Policy 2).
3) Further develop the State’s major ports of Albany, Buffalo, New York, Ogdensburg, and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of State public authorities, of land use and development which is essential to, or in support of, the waterborne transportation of cargo and people (Policy 3).
4) Strengthen the economic base of small harbor areas by encouraging traditional uses and activities (Policy 4).
5) Ensure that development occurs where adequate public infrastructure is available (Policy 5).
6) Streamline development permit procedures (Policy 6).
7) Protect, preserve and, where practical, restore significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies
8) Expand recreational use of fish and wildlife resources by increasing access to existing resources, supplementing existing stocks, and developing new resources. (Policy 9).
9) Maintain, promote and expand commercial fishing opportunities (Policies 10).
10) Minimize flooding and erosion hazards through non‐structural means, protecting natural protective features, construction of carefully‐selected, long‐term structural measures and appropriate siting of structures (Policies 11, 12, 13, 14, 16, and 17).
11) Public funds shall be used for erosion protection structures only where necessary and in an appropriate manner (Policy 16).
12) Safeguard economic, social and environmental interests in the waterfront area when major actions are undertaken (Policy 18).
13) Maintain and improve public access to the shoreline and to water‐related recreational facilities while protecting the environment and being compatible with adjoining uses (Policies 19 and 20).
14) Encourage, facilitate and give priority to water‐dependent and water‐enhanced recreation (Policy 21).
15) Encourage development, when located near the shore, to provide for water related recreation where compatible (Policy 22).
16) Protect and restore historic and archeological resources (Policy 23).
17) Prevent impairment to, protect, restore or enhance scenic resources (Policy 24, 25).
18) Conserve and protect agricultural lands (Policy 26).
19) Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location and
in such a manner as to avoid adverse impacts when in operation (Policies 27, 29 and 40).
20) Undertake ice management practices in a manner that avoids adverse coastal impacts (Policy 28).
21) Protect surface and groundwater from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 35, 36, 37 and 38).
22) Ensure that dredging and dredge spoil disposal in a manner protective of natural resources (Policies 15 and 35).
23) Ensure that any transportation, handling or disposal of hazardous wastes and effluent is undertaken in a manner which will not adversely affect the environment (Policies 8, 30, 36 and 39).
24) Protect air quality (Policies 41, 42 and 43).
25) Preserve and protect tidal and freshwater wetlands (Policy 44).
- If the agency determines that an action will be inconsistent with one or more LWRP policy standards or objectives, such action shall not be undertaken unless modified to be consistent with the LWRP policies.
- Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Committee. Such files shall be made available for public inspection upon request.
In the event that an activity is being performed in violation of this law or any conditions imposed thereunder, the Building Inspector or any other authorize official of the Village shall issue a stop work order and all work shall immediately cease. No further work or activity shall be undertaken on the project so long as a stop work order is in effect.
- A person who violates any of the provisions of, or who fails to comply with any condition imposed by, this law shall have committed a violation, punishable by a fine not exceeding five hundred dollars ($500.00) for a conviction of a first offense and punishable by a fine of one thousand dollars ($1000.00) for a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional violation.
- The Village Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this local law. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty.
The provisions of this law are severable. If any provision of this law is found invalid, such finding shall not affect the validity of this law as a whole or any law or provision hereof other than the provision so found to be invalid.
- Effective Date.
This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
As no members of the public present wished to address the Board regarding the Local Law, Mayor Spaeth stated he would leave the Public Hearing open until the end of the regular meeting and continued with the remainder of the regular meeting.
PUBLIC COMMENTS – Mike Warner asked the Board if snow machines can be on Village sidewalks. Discussion commenced and it was stated that it was not legal for snow machines to be on Village sidewalks and that there were also NYS vehicle and traffic laws that did not allow them to be on the streets in the Village as well. Mayor Spaeth stated there have been issues with snow machines in the Village and we would inform our PD to be on the lookout.
REPORT OF COMMITTEES:
Police – Trustee Collins gave an update on the Police policy and presented revisions. He stated that several members felt the Board was micro managing the department and after reviewing their concerns, the Commission decided to ease up on the specifics of what we want them to log.
Trustee Collins also reported that he had received the first two weeks of duty sheets and was pleased with the information reported.
Streets – The DPW report was read and is on file at the Clerk’s office.
Mayor Spaeth reported that Town Councilman Bill Gritsavage approached the Village about opening the beach parking lot during the winter for access to snowmobilers for trailer parking. He stated that the beach access is a jointly permitted by HRBRRD to the Village and the Town. He stated that to keep the access open, it would require plowing and maintaining the access and that the Town was not interested in doing that. After brief discussion, the Board agreed that it was not a good idea and they would not recommend opening the access.
DPW Superintendent Reidell reported that the contract was signed and sent to Bell Engineering for engineering services pertaining to the culvert on Water Street. He indicated that they would wait for the weather to warm up a bit before beginning with the initial inspection.
Water – It was reported that usage increased from 2,011,000 gallons in December 2020 to 2,085,000 this year. Water testing and operations were normal.
It was reported that there were two meters left in the Village that had not yet been converted to radio read meters.
Code Enforcement- The Code report is on file in the Clerk’s office. It was reported that two permits were issued in December.
Dog Control – The Dog Control Officer reported no issues this month.
Joint Youth – Trustee Sedon reported there would be a meeting on February 9th. She stated they would be advertising for the Director position. Trustee Eckert reported that Councilman Colleen Cordone took over Councilman Gritsavage’s seat on the Joint Youth Commission.
Marketing – Trustee Markiewicz reported that there is a meeting scheduled with CRG on February 2nd.
Park Use Requests – A written request for permission to use the park for the staging area of the Great Sacandaga Half Marathon on May 15, 2022 was submitted by Don Wood. Mayor Spaeth stated that in addition to the park use, there are other items that are needed by the event sponsor, such as extra police presence, blocking of Main Street, and porta johns that the Board would still need to consider. Trustee Collins stated that he did not have a problem with the event but that an official park use request should be submitted by the organizer. Mayor Spaeth stated he would get back in touch with Mr. Wood and have him complete an official application and give us a detailed list of requests for the event. After discussion, Trustee Sedon made a motion to approve the event and use of the park pending application and proof of insurance certification. The motion was seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Tree Commission – Chantal Daigneault, representing the Tree Commission addressed the Board. She presented a Committee Report that indicated that a committee member brought to the attention of the committee that the tree on the corner of Center and Main Street has been damaged by the homeowner’s sidewalk repair and will most likely need removal and replacement. She stated the tree is being monitored. She also reported that the committee is exploring which nurseries to purchase trees from. She provided a tree replacement list from 2019 and stated the group would be contacting those on the list to see if they are still interested in replacement trees. DPW Superintendent Reidell addressed the Board regarding the tree replacement list and the tree on Center Street. He stated that salt killed the tree by the post office, not the size of the opening in which it was planted. He stated that he was present during the work on the sidewalk at the Center Street property and said that no damage occurred to the roots of the tree in question while the sidewalk was being installed.
PAYMENT OF BILLS
The monthly financial report was reviewed and bills to be paid from the General Fund in the amount of $ 39,136.21, from the Water Fund in the amount of $ 13,418.42, and from the Joint Youth Fund in the amount of $ 36.47 were presented for payment. Motion to approve payment was made by Trustee Sedon, seconded by Trustee Eckert and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Mayor Spaeth gave an update on the lighting project. He stated that the project was ready to go for the most part. He stated that we did receive the grant for Smart Cities and we had talked about cameras in the park. He stated there was also discussion about adding a weather station to assist with determining road conditions. Mayor Spaeth stated that the Smart Cities grant money could be used for these items. Mayor Spaeth also reported that residents in two different areas complained of dark spots in their neighborhoods, at the corners of Water/Lake and Division/Third. He said we could consider adding additional lights in those areas as well.
PUBLIC COMMENTS: There was no further comment from the Public.
At 8:00 pm, Mayor Spaeth closed the Public Hearing on Local Law # 1 of 2022 on a motion by Trustee Markiewicz, seconded by Trustee Collins and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
Trustee Eckert made a motion to adopt Local Law # 1 of 2022 – Local Waterfront Consistency Review Law and Waterfront Access Form. The motion was seconded by Trustee Markiewicz and carried by voice vote as follows:
Aye: Trustee Collins, Trustee Eckert, Trustee Markiewicz, Trustee Sedon
There being no further business before the Board, motion was made to adjourn by Trustee Eckert, seconded by Trustee Collins and passed by voice vote with no one dissenting. The meeting was adjourned at 8:01 p.m.
Wendy L. Reu, Clerk