TOWN OF LAKE LUZERNE
REGULAR TOWN BOARD MEETING
AND PUBLIC HEARING
JUNE 8, 2020
7 PM
SUPERVISOR MERLINO CALLED MEETING TO ORDER AT 7 PM WITH THE FOLLOWING MEMBERS PRESENT: COUNCILMAN O’NEAL, COUNCILMAN LEWANDOWSKI, COUNCILMAN MCLAIN, COUNCILMAN WATERHOUSE. ALSO PRESENT: ZEO PUTNEY, HIGHWAY SUPT. DEUEL, ATTORNEY FOR THE TOWN, ROBERT REGAN.
PUBLIC IS INVITED VIA ZOOM TECHNOLOGY DUE TO COVID 19 RESTRICTION.
SUPERVISOR WELCOMED THE ZOOM PARTICIPANTS AND ADVISED THEM AS TO WHO WAS AT THE MEETING.
FLOOR OPENED TO THE PUBLIC:
STEPHANIE BITTER, ESQ. DISCUSSED ISSUE ON EAST RIVER DRIVE. SHE HAS BEEN CONTACTED WITH COMPLAINTS OF A TRAVEL TRAILER 70 EAST RIVER DR. OWNERS HAVE BEEN DIGGING AT THE SITE AND PLACED A TRAVEL TRAILER. ATTORNEY BITTER’S CLIENTS ARE NOT AWARE OF ANY PERMITS ISSUED TO OWNER NOR ARE THEY AWARE THAT HAVING SUCH A RECREATIONAL VEHICLE, AS SOMETHING OCCUPIED ON THE PROPERTY HAVING NO OTHER PRINCIPLE DWELLING ON THE PROPERTY, IS ALLOWED IN LAKE LUZERNE. ZEO HAS REVIEWED THE MATTER AND SO HAS ATTORNEY BITTER. ATTORNEY CANNOT IDENTIFY THAT A TRAVEL TRAILER IS A PERMITTED USE IN A RESIDENTIAL ZONE. DOESN’T INDENTIFY AS A PERMITTED USE IN ANY ZONE, BUT IN HER LETTER SHE PROVIDED A COPY OF THE SCHEDULED USES AND A PICTURE DEMONSTRATING HOW THE PROPERTY IS BEING USED.
ATTORNEY REGAN DISCUSSED THE MATTER WITH ATTORNEY BITTER AND WENT OVER SOME SECTIONS OF THE ZONING LAW, AND ADVISED THAT HE WOULD CONTINUE TO BE IN TOUCH ON THE MATTER AS TO WHAT IS APPLICABLE.
ZEO PUTNEY IS AWARE OF THE SITUATION AND HAS HAD CALLS AND EMAILS FROM PEOPLE. SHE WILL WORK WITH THE TOWN ATTORNEY AT THIS POINT.
PATRICIA GOLDBERG – CULVERT ON GAILEY HILL ROAD RUNNING UNDER HILLCREST IS PLUGGED AND NEEDS CLEANING OUT.
SUPERVISOR CALLED PUBLIC HEARING TO ORDER FOR LOCAL LAW 1 OF 2020.
CLERK TO READ NOTICE OF PUBLIC HEARING AS FOLLOWS:
THE TOWN BOARD OF LAKE LUZERNE WILL HOLD A PUBLIC HEARING ON JUNE 8TH 2020 AT 7 PM IN THE MEETING ROOM OF THE TOWN HALL, 539 LAKE AVENUE, LAKE LUZERNE, NY. PUBLIC COMMENT WILL BE TAKEN BY SUBMITTING A LETTER TO THE BOARD BY MAIL, OR BY DEPOSITING IN THE DROP BOX ON THE PARKING LOT SIDE OF THE TOWN HALL. ALSO PARTICIPATION IN THE PUBLIC HEARING WILL BE VIA ZOOM. IN ORDER TO PARTICIPATE VIA ZOOM, CHECK THE TOWN WEBSITE AT: TOWNOFLAKELUZERNE.COM FOR DIRECTIONS TO ACCESS ZOOM AND TO OBTAIN THE ACCESS CODES YOU WILL NEED. THE SUBJECT OF THE PUBLIC HEARING IS AN AMENDMENT TO THE ZONING LAW. PROPOSED LOCAL LAW NO. 1 OF 2020 WOULD AMEND THE ZONING LAW OF THE TOWN TO PROVIDE FOR THE KEEPING OF CHICKENS WITHIN CERTAIN ZONING DISTRICTS UP TO 11 CHICKENS MAY BE KEPT, BOARDED OR CONFINED IN THE HAMLET RESIDENTIAL OR HAMLET COMMERCIAL DISTRICT. NO ROOSTERS, HOWEVER, WILL BE ALLOWED IN THE HAMLET RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE BY REQUEST AT THE TOWN CLERK’S OFFICE.
BOARD DISCUSSION AS TO WHETHER TO LEAVE PUBLIC HEARING OPEN THROUGH THE WEEK BUT THE BOARD DECIDED NOT TO AS THERE HAS BEEN NO COMMENTARY THUS FAR.
RESOLUTION 51 OF 2020: RESOLVED UPON A MOTION BY COUNCILMAN LEWANDOWSKI SECONDED BY COUNCILMAN O’NEAL: TO PAY VOUCHERS OF THE 6TH ABSTRACT NUMBERED AND TOTALED AS FOLLOWS:
GENERAL FUND 25649-25694 $26,729.88
GENERAL FUND 25695-25713 10,146.44
- LUZERNE WATER 25714-25722 3,183.18
SW2 WATER 25723-25724 12,856.72
ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
RESOLUTION 52 OF 2020: RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN MCLAIN, TO ACCEPT MINUTES OF MAY 11, 2020 BOARD MEETING. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
REPORTS:
COUNCILMAN LEWANDOWSKI – CONCERNED ABOUT THE PARKING LOT BEING CLOSED BEHIND THE PAVILION. COMPLAINTS ABOUT CONGESTED PARKING ON SYLVAN ROAD.
SUPERVISOR MERLINO EXPLAINED THAT THE PARKING LOT WAS CLOSED BECAUSE OF DRUG DEALING GOING ON IN THE PARK. STARTING THIS WEEK THE LOT WILL BE CLOSED IN THE MORNING AND CLOSED AT NIGHT UNTIL FURTHER NOTICE.
COUNCILMAN LEWANDOWSKI WOULD LIKE ONE GATE OPENED SO THERE IS NOT A THOROUGHFARE AND OPEN ONE ON SYLVAN NOT CENTER ST SO THE PUBLIC DOWN WHERE THE CANOE AND KAYAK RACKS ARE HAVE A PLACE TO PARK. HE WOULD ALSO LIKE KAYAK RACKS AT THE PIERRPONT BEACH. THAT WOULD RELIEVE THE PARKING AT SYLVAN. COUNCILMAN ALSO ASKED THAT NO PARKING SIGNS BE INSTALLED ON SYLVAN LANE WHICH IS A FIRE LANE.
SUPERVISOR DISCUSSED THE BEACH. IF THE VIRUS MITIGATION CONTINUES THE BEACH, WHICH CURRENTLY HOLDS 100 WOULD BE REDUCED TO 50 PEOPLE. DISCUSSED WAYS TO CONTROL THE NUMBER OF BEACH GOERS. MAYBE HADLEY AND LUZERNE RESIDENTS COULD BE ISSUED PERMITS WHICH WOULD HAVE TO BE ENFORCED BY THE CONSTABLE. NO DECISIONS. ONLY DISCUSSION.
THE GOVERNOR ISSUES THE GUIDELINES FOR OPENING PHASES.
COUNCILMAN MCLAIN – PRAISED THE HIGHWAY DEPT FOR THEIR WORK IN HELPING TO CLEANUP TREES AND OPEN UP CALL STREET FROM THE RECENT TORNADO DAMAGE. EXTENSIVE WORK ON HAWK ROAD.
COUNCILMAN WATERHOUSE WOULD LIKE TO HAVE THE TOWN’S GRANT WRITER LOOK INTO AVAILABILITY OF STATE FUNDS TO REPAIR AND OR REPLACE THE OLDEST DETERIORATING WATER LINES IN THE TOWN.
ZONING OFFICER-KAREN PUTNEY
Permits issued 7—2020-26 through 32—last year-to-date 27
APA Correspondence—**29 Valeria Dr., tax map no. 298.8-1-10, conditional approval of 2 retaining walls in conjunction with an enforcement action
**13 Terrace Dr., tax map no. 317.16-1-13, non-jurisdictional letter
**Old Stage Rd. & Rt. 9N, tax map no. 285.-2-26.13 and 285.-2-43, approval of boundary line adjustment
**Hall Hill Rd., tax map no. 275.-1-30, non-jurisdictional letter
**May 18th, participated in APA Public Hearing regarding land reclassification along Rt. 9N, Lake Vanare area
Zoning Board of Appeals Meeting-Need an alternate for ZBA
Meeting on May 14: ** Extension of Decision on Use Variance UV2019-7
**New Area Variance AV2020-1, Forest Lake Rd., tax map no. 286.15-1-50, front yard setback, application reviewed, accepted and public hearing date set, application has since been put on hold at the request of the owner, project is cost-prohibitive
** New Area Variance, AV2020-2, East River Dr., tax map no. 313.-1-3, accessory building height, application reviewed, accepted and public hearing date set for June 11, 2020
***New Area Variance, AV2020-3, 7 Sylvan Rd., tax map no. 298.15-3-15, side yard setback and distance between structures, application reviewed, accepted and public hearing date set for June 11, 2020
Planning Board Meeting—Meeting on May 27, 2020
**Subdivision—Sagamore Rd. & Camp Teck Rd., tax map no. 298.16-3-50, approved
**Special Use Permit Amendment, Lake Ave., 292.-1-50, approved
Violations: **1043 East River Dr., tax map no. 298.20-1-62, excessive vegetation growth and fence is falling down
**1039 East River Dr., tax map no. 298.20-1-60.1, excessive vegetation growth—cannot locate owner or any property maintenance company, Board may want to consider further action.
DISCUSSION AS TO THE TOWN TAKING CARE OF 1039 EAST RIVER DR AND ASSESSING THE CARE TO THE TAXES. SUPERVISOR WILL DISCUSS THE ISSUE WITH THE COUNTY.
TOWN CLERK – CYNTHIA SHERWOOD
CORRESPONDENCE AND THE MAY MONTHLY REPORT TO THE SUPERVISOR WAS DISTRIBUTED TO THE BOARD IN THE SUM OF $7,443.50.
LETTER OF INTEREST IN THE ZONING OFFICER POSITION IF AVAILABLE.
ANIMAL CONTROL OFFICER MOULTON SENT REPORT FOR MAY
ATTORNEY FOR THE TOWN – ROBERT REGAN
WORKED ON THE INTERPRETATION OF THE ZONING LAW.
HIGHWAY SUPT. – RON DEUEL
REPORTED ON TORNADO DAMAGE ON CALL STREET.
DEPARTMENT CUT FOR 3 HOURS TO HELP THE COUNTY. HAWK ROAD 3-4 HOURS. SOME HOUSES WERE TOTALLY STRANDED. THE DEPT WAS NOT PREPARED FOR
SUCH DAMAGE WITH THE SIZE CHAIN SAWS. THE CREW WAS COMMENDED AND THE DEPT WILL PURCHASE ONE LARGER CHAIN SAW.
WATER LEAK ON LOWER BAY ROAD WAS FIXED.
LEAK ON MILL STREET WAS FIXED.
REPAIRED STAND PIPE ON HILL ST.
REPLACED OLD CULVERT ON SCOFIELD ROAD.
REBUILDING HYDRANT IN FRONT OF STONE’S PHARMACY.
REPAIRING MULTIPLE TRUCKS.
SECOND BRUSH PICK UP WILL BE SCHEDULED IN JULY.
PAVING IS ON HOLD UNTIL CHIPS INFORMATION IS UPDATED.
NORTHERN WATER LINE HAS TO BE SHUT DOWN IN ORDER TO REPAIR THE HYDRANT NEAR THE OLD FOURTH LAKE DINER.
CULVERT NEAR PAINTED PONY WILL BE TAKEN OUT, NEW CULVERT TO BE PUT IN AND WIDENING THE ROAD.
SUPERVISOR REPORT – EUGENE MERLINO
SALES TAX REVENUE THAT CAME INTO WARREN COUNTY IS DOWN 33.1% AT THE END OF MAY.
WORKING WITH NATIONAL GRID ON POWER PROBLEMS ON CIRCULAR ST. POWER GOES OUT EVERY OTHER WEEK OR SO FOR A COUPLE OF HOURS.
DISCUSSION AT THE COUNTY REGARDING SHORT TERM RENTALS. HOTELS, MOTELS WERE SHUT DOWN DUE TO VIRUS. BUT SHORT TERM RENTALS KEPT RENTING AND THE COUNTY CURRENTLY HAS NO CONTROL OVER IT.
CABLE FRANCHISE IS UP FOR RENEWAL. SUPERVISOR ASKED THE ATTORNEY TO LOOK OVER THE PROPOSAL.
HADLEY APPROVED THE NEW RATE SCHEDULE FOR AMBULANCE SERVICE.
RESOLUTION 53 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN O’NEAL: TO APPROVE THE RATE SCHEDULE FOR THE ROCKWELL FALLS AMBULANCE SERVICE. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
TOWN FORESTER, CHRIS GEARWAR, WILL MARK TREES ON TOWN PROPERTY FOR POSSIBLE FALL CUTTING.
DISCUSSION REGARDING DUMPSTERS. A PUBLIC HEARING IS REQUIRED TO AMEND ZONING CODE REGARDING DUMPSTERS AT BUSINESSES AND MOBILE HOME PARKS. ONE LOCATION HAS PUT OUT MORE THAN 20 CANS OF GARBAGE AT THE CURB. 6 CANS WOULD BE MORE ACCEPTABLE. OVER 6 CANS, A DUMPSTER COULD BE REQUIRED. COUNCILMAN O’NEAL WILL WORK WITH SUPERVISOR ON THIS.
ZONING OFFICER WOULD ALSO LIKE THE BOARD TO WORK ON RESCINDING LANGUAGE IN THE ZONING CODE REGARDING DUMPSTERS AT RESTAURANT/TAVERNS. LANGUAGE SHOULD EITHER BE ELIMINATED OR THE SAME FOR EVERYONE. MAKE SURE IT IS INCLUDED IN THE LOCAL LAW FOR PUBLIC HEARING.
RESOLUTION 54 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN WATERHOUSE, SECONDED BY COUNCILMAN O’NEAL TO SET A PUBLIC HEARING FOR JULY 8TH AT 7 PM TO AMEND ZONING CODE TO ADDRESS DUMPSTER LANGUAGE ISSUES IN THE ZONING CODE AT BUSINESS LOCATIONS AND MOBILE HOME PARKS AND ELIMINATING CURRENT LANGUAGE IN THE CODE REGARDING DUMPSTERS AT RESTAURANTS AND TAVERNS. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
ATTORNEY REGAN TO PROVIDE LOCAL LAW LANGUAGE.
SHERMAN ROAD DISCUSSION – COMPLAINTS ARE LONG STANDING ON SHERMAN ROAD. HIGHWAY SUPT ADVISED THAT THE ENTRANCE TO SHERMAN ROAD IS VERY NARROW. NO DUMP TRUCK WILL FIT AND THERE IS NO TURN AROUND THERE FOR PLOWING. SUPERVISOR TO MAKE ARRANGEMENT TO TALK TO OWNERS.
FLOOR OPEN TO PUBLIC:
JAMES NILES – WOULD LIKE TO PLANT A TREE IN MEMORY OF ZONING BOARD OF APPEALS MEMBER KRISTEN ZEHNTER.
PATRICIA GOLDBERG – ASKED ABOUT CHICKENS. 1 ACRE REQUIRED . HAMLET RESIDENTIAL AND HAMLET COMMERCIAL. ONLY CHICKENS. NO ROOSTERS.
RESOLUTION 55 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN WATERHOUSE TO CLOSE PUBLIC HEARING.
ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
RESOLUTION 56 OF 2020 – RESOLVED UPON A MOTION BY COUNCILMAN MCLAIN, SECONDED BY COUNCILMAN O’NEAL TO ADOPT LOCAL LAW 1 OF 2020 REGARDING THE HOUSING OF CHICKENS IN THE HAMLET RESIDENTIAL AND HAMLET COMMERCIAL ZONES. ROLL CALL VOTE: COUNCILMAN O’NEAL, AYE, COUNCILMAN LEWANDOWSKI, AYE, COUNCILMAN MCLAIN, AYE, COUNCILMAN WATERHOUSE, AYE, SUPERVISOR MERLINO, AYE.
MEETING ADJOURNED UPON A MOTION BY COUNCILMAN O’NEAL, SECONDED BY COUNCILMAN LEWANDOWSKI AT 8:00 PM.
RESPECTFULLY SUBMITTED,
________________________________________
CYNTHIA SHERWOOD, RMC, TOWN CLERK