Town Of Granby: Minutes: February 24, 2021: Work Session [Digital Towpath]

TOWN OF GRANBY

PUBLIC WORK SESSION/PUBLIC HEARINGS

FEBRUARY 24, 2021

6:00 P.M.

PUBLIC HEARING-LOCAL LAW #3-2021

OVERRIDE TAX LEVY LIMIT

Supervisor Snow Jr, called the Public Hearing for Local Law #3-2021 to order at 6:04 P.M. He explained the override was necessary due to the construction of Water Service Area #7. This Local Law has been introduced at a prior meeting and the Public Hearing has been advertised in the newspaper.

Section 1. Legislative Intent

It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Granby, County of Oswego pursuant to General Municipal Law § 3-c, and to allow the Town of Granby, County of Oswego to adopt a town budget for town purposes and any other special or improvement district governed by the town board for the fiscal year 2022 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c.

The Town of Granby established an improvement district to provide safe drinking water to the residents and properties located in that district. The Town Board plans to authorize new debt for the water district and also a capital project resulting in the need to override the tax cap.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Granby, County of Oswego is hereby authorized to adopt a budget for the fiscal year 2022 that requires a real property tax levy in excess of the limit specified in General Municipal Law, §3-c.

Section 4. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date.

This local law shall take effect immediately upon filing with the Secretary of State.

After hearing no comments, Councilor Parkhurst made a motion, seconded by Councilor Farrands to close the Public Hearing at 6:07 P.M.

Supervisor Snow, Jr. called the meeting to order at 6:07 P.M. Present for the roll call were Supervisor John Snow, Jr., Councilors Steve Abraham, Rodney DeLong. Sandra Farrands and Linda Parkhurst. Highway Supervisor Dan Duncan and Zoning Board secretary Lisa Somers were also present.

Supervisor Snow, Jr. stated the purpose of the Home Occupation Recommendations Local Law is because some of the home-based occupations have become a second use on a property and this is a violation of the Town of Granby Zoning Ordinance. The Local Law is permissive in allowing home-based occupations, but still fitting the Comprehensive Plan and the trends in the Town. It also protects neighbors in giving them a chance to voice concerns. The County has recommended approval. Supervisor Snow, Jr. then reviewed the SEQRA form for the proposed Home Occupations Local Law with the Board.

PUBLIC HEARING LOCAL LAW #2-2021

HOME OCCUPATION RECOMMENDATIONS

Supervisor Snow, Jr. called the Public Hearing for Local Law #2-2021 to order at 6:23 P.M. This Local Law has been introduced at a previous meeting and the Public Hearing has been advertised in the newspaper.

Definition (to replace existing text in SECTION XI: DEFINITIONS (see pp. 42 & 44)

Home occupation: is an accessory use of a residential dwelling involving any personal or professional service, trade or occupation conducted within a dwelling or residential property by the residents thereof, such activity is incidental and accessory to the use of the property for residential purposes, the activity does not change its residential

rms to the requirements of this code. Within this Zoning Code there are three (3) levels (Basic, Minor and Major-) of home occupation are that further defined, recognized, and regulated in Section V of this code.e

There may be more than one home occupation within one property. However, if such home occupations either individually or cumulatively exceed the thresholds for any level specified below then the entire property shall be subject to the standards of the next applicable and more restrictive home occupation level as regulated in Section V of this code.

New definition: Bed and Breakfast - is a form of home occupation that is regardless of size always considered a Major Home Occupation. "Airbnb” shall be considered a bed and breakfast.

New definition: Lumber processing – firewood, mill work as a form of Home Occupation shall always be considered a Major Home Occupation.

SECTION V: SUPPLEMENTARY REGULATIONS (to replace existing text on p.13)

A. General Provisions

1. Home Occupation

Principles and intents to guide application of home occupation regulations. The Town seeks to minimally interfere in what home occupation activities residents do within their own homes or property. The Town is also interested in ensuring that those activities maintain a balance that preserves the residential character of the property and protects the surrounding neighborhood from any potential adverse effects of a home occupation.

Therefore, the Town seeks to ensure that:

1. People engaged in the home occupation activities are:

a. the owner or tenant of the same dwelling. b. the fulltime occupants of the same dwelling. The home occupation activity has:

a. little or no external evidence (sight, sounds, smells, traffic, etc.) b. no discernable effect beyond the property or to neighbors

C. a limited and lesser portion of the dwelling space devoted to a home occupation. 3. Physical changes or improvements for the home occupation are:

a. contained within existing approved structures b. reversible or can be repurposed by future occupants for residential activities.

a. Levels of home occupation defined (see also Definition section):

1) Basic home occupation is defined as an accessory use of the principal dwelling

structure which does not exceed the lesser of 30% or 1500 sq. ft. of floor area of the principal dwelling structure. The Basic home occupation use has no external visibility or impact emanating from the dwelling or observable from neighboring properties. Minor home occupation is defined as an accessory use of the principal dwelling structure which does not exceed the lesser of 25% or 1000 sq. ft. of floor area of the principal dwelling structure. The Minor home occupation use may have some minimal external visibility or impacts emanating from the dwelling, may be observable from neighboring properties, or exceeds any one or all of the thresholds for Basic Home Occupation and is subject to the thresholds established below in this section.

3) Major home occupation - is defined as an accessory use of the principal dwelling or accessory structures and which does not exceed the lesser of 25% or 1000 sq. ft. of combined floor area of the principal and accessory dwelling structures. The Major home occupation may have some external visibility or impacts emanating from the dwelling, may be observable from neighboring properties, and/or it exceeds any one or all of the thresholds for Minor Home Occupation and is subject to the thresholds established below in this section.

b. Town Review

1) Basic home occupation - No town review and no town permits are required - so

long as the home occupation complies with the provisions below. 2) Minor home occupation - Is subject to review and approval of a Site Plan Review

by the Town Planning Board subject to the provisions below. . 3) Major home occupation - Is subject to review and approval of a Special Permit by

the Town Planning Board subject to the provisions of below.

c.Owner/Operator

1) Basic home occupation - The home occupation activities shall be managed and conducted by the current, full-time, year-round, on-site occupant of the residence and this residential site must be the primary dwelling of the owner/operator of the home occupation.

2) Minor home occupation - Same as Basic Home Occupation.

3) Major home occupation - Same as Basic Home Occupation.

d. On-site placement, size, and improvements

1) Basic home occupation - Is limited to the principal dwelling structure and there shall be no permanent customized structural improvements for the home occupation.

2) Minor home occupation - Is limited to the principal dwelling structure and there shall be no permanent customized structural improvements for the home occupation. However, the Planning Board may approve customized structural improvements for the home occupation provided the Planning Board finds such improvements maintain a residential character, are reasonably removeable, or may be repurposed for

residential use upon cessation of the home occupation activity.

3) Major home occupation - May be located in the principal or accessory structures.

The Planning Board may approve customized structural improvements for the home occupation provided the Board finds such improvements maintain a residential character, are reasonably removeable or may be repurposed for residential use upon cessation of the home occupation activity.

e. On-site sales

1) Basic home occupation - No on-site sales of merchandise nor on-site services

requiring the physical presence of customers, clients or patients are permitted

2) Minor home occupation - A maximum of 5% of the floor area devoted to the home

occupation may be used for the on-site sales and display of merchandise. 3) Major home occupation - A maximum of 10% of the floor area devoted to the home

occupation may be used for the on-site sales and display of merchandise.

f. Non-resident employees

1) Basic home occupation - No non-residents employees are allowed. 2) Minor home occupation - A total maximum of two (2) non-residents may be

employed on-site at any one time by the Minor Home Occupation. 3) Major home occupation - A total maximum of five (5) non-residents may be

employed on-site at any one time by the Major Home Occupation.

g. Customer/Client/Patient & Group activity

1) Basic home occupation - No physical on-site presence of customers, clients, patients

or group and instructional classes are permitted. 2) Minor home occupation - A maximum of three (3) customer, clients, patients may

be present on-site at any one time for on-site activity, or three (3) individuals may be

present on-site for instruction or group activity. 3) Major home occupation - A maximum of ten (10) customer, clients, patients may

be present at any one time for on-site activity, or ten (10) individuals may be present on-site for instruction or group activity.

h. Hours of operation

1) Basic home occupation - No predetermined limits on hours of operation. 2) Minor home occupation - Shall be limited to 7am to 7pm. 3) Major home occupation -Town Planning Board shall review and approve hours of

operation as a condition of the Special Permit.

i. Exterior Storage and display

1) Basic home occupation - No materials, equipment or vehicles for the home

occupation may be stored or displayed on the exterior of the lot. 2) Minor home occupation - Same as Basic Home Occupation. 3) Major home occupation - The Planning Board in issuance of a Special Permit may

approve up to 10,000 sq. ft. of exterior storage and display related to the home occupation upon finding there appropriate and adequate screening, drainage, lighting, and other relevant considerations.

j. Parking

1) Basic home occupation - No additional on-site parking may be installed for the

home occupation, 2) Minor home occupation - Additional on-site parking shall be installed subject to the

Planning Board finding that the parking proposed for the home occupation avoids on street parking and maintains the residential character of the site and the residential character of the surrounding neighborhood. The Planning Board may use as a guide the current Town parking schedule of 1 space/200 sq. ft. of floor area used for

customers/clients or other attendees plus 1 space/employee/shift. 3) Major home occupation - Same as Minor Home Occupation.

k. Signage

1) Basic home occupation - No identification sign for the home occupation is

permitted. 2) Minor home occupation - The Planning Board may approve the placement of one,

four (4) sq. ft. non-illuminated wall sign upon the principal structure occupied by the

home occupation. 3) Major home occupation - The Planning Board may approve the placement of one,

sixteen (16) sq. ft. free-standing or wall sign upon a structure or within the lot occupied by the home occupation as determined by the Special Permit.

1. Lot size and location

1) Basic home occupation - Is allowed in any lot and in any district. 2) Minor home occupation - Shall be allowed in any district that permits residential

uses and the structures and lot size shall minimally conform to the zone district lot

and structures dimensional requirements. 3) Major home occupation - Shall be allowed in any district that permits residential

uses, except shall not be permitted in the R-1 Zone District. The structure and lot size shall minimally conform to the zone district lot and structures dimensional requirements. During Special Permit Review the Planning Board shall review and consider the proposed scale of the home occupation activity such as these and other factors of: floor space, exterior storage and number of employees and find that the lot can adequately support the proposed home occupation and maintain the residential character of the site and neighborhood.

m. Traffic related

1) Basic home occupation - No truck pickup or delivery will exceed 3 trips/day, and

shall not generate any routine tractor trailer truck trips. 2) Minor home occupation - Same as Basic home occupation. 3) Major home occupation - During Special Permit Review the Planning Board shall

review the expected types of vehicles involved in the home occupation, the customer, supply and delivery traffic related to the proposed home occupation and find the proposal is suited to the character of existing traffic conditions and patterns with the surrounding area and the proposal will generate traffic that can be reasonably accommodated by the existing road network and the character of the site.

n. Noise, odor, vibration, smoke

Any effects of a home occupation that may use, emit, or generate noise, odor, dust, vibrations, smoke, hazardous materials shall be no greater than what is customary for the residential uses of the surrounding neighborhood.

0. Prohibited home occupation activities

1) Any land use or activity prohibited in a zone district shall similarly be also prohibited

as an activity associated with any home occupation allowable in that same district. 2) The following are prohibited from being considered a home occupation in any zone

district: junk yard; retail sales exceeding the thresholds established above in Section: V. A.l.e, On-site sales, storage or processing of any hazardous materials, auto repair auto body and painting; restaurant; warehousing, natural resource extraction/mining.

p. Non-conformities

1) Pre-existing home occupations - Any home occupation legally established prior to

the adoption of this section is considered nonconforming. Nonconforming residential use - Not withstanding anything to the contrary in this code regarding residential use in the CIT Zoning District, provided the primary use of property in the CIT Zone is residential, home occupation may be established pursuant to this section.

(1) QUICK REFERENCE ONLY

NO EXTERNAL

MINOR HOME OCCUPATION LEVELS

visibility/impact visibility/impact Town Permit required

NO Permit

Site Plan Review Examples commonly associated with home

*address of convenience *medical/therapy professionals

*consulting/manage off-site *lawyer-accountant-engineer based business

business

*real estate/insurance agents *internet business

*Personal care services *arts & crafts production *instruction studio

*tailor-dressmaker *small appliance repair

MAJOR visibility/impact

Special Permit *contractor *contractor storage yard *landscaping service *small engine repair *group instruction 1*bed & breakfast

Operational concerns

Home Occ. MUST be Conducted by on-site resident/occupant and dwelling MUST be the PRIMARY dwelling of occupant operator

Home occupation owner/operator employees

Maximum #Non-resident employees on-site customers

Allow On-site customer sales/services Allow Group activity/instruction Maximum # of ON-site: clients, patients, customers, participants,

observers, students at any one time Hours of operation

Pre-determined/Town may specify operating hours Physical concerns

structures

Home occ. conducted within principal dwelling structure Home occ. conducted within accessory building/structure Allow reversible improvements

LESSER OF 30%

1500 sq. ft.

LESSER OF 25%

1000 sq. ft. 5% of floor space

LESSER OF 25%

1000 sq. ft.

Max. % of principal dwelling or Max sq. ft. used for home occupation

Max % floor space used for incidental product sales

no sales allowed

10% of floor space

exterior storage

Allow external storage area of materials-equipment

Maximum SQ. FT. of exterior business/storage area or accessory struct parking

Allow/require additional or special parking areas

#parking spaces/business Sq. Ft. + space/employee. signs

Allow business identification signs Maximum sign size

sign type/ sign location Lot & Location concerns

O sq. ft.

sq. ft.

10,000 sq. ft. minimum to avoid on-street parking & max to maintain residential character.

per Planning Board review

n/a

1/200sq. Ft & 1/empl.

yes 4 sq. ft.

n/a

16 sq. ft.

n/a

wall

wall or free-standing

Minimum lot size

none

per Planning Board review any district

any district but R-1

any district

Zone Districts allowed in: Other potential effects/ impacts

Truck pickup & delivery

customary to immediate area - allow routine box truck pickup & delivery not to exceed 3 truck trips/day; NO tractor trailer trucks.

per Planning Board review

noise-odor-vibration, smoke

hazardous material use/storage Prohibited home occupation activites

customary for residential uses of surrounding neighborhood

prohibited *retail store as principal use *junk yard *auto body paint & repair *restaurant *event center *natural resource extraction/mining (soil, gravel, sand, energy-related raw materials: gas, oil)

Non-conformities

*non-conforming dwelling in CIT Zone * other non-conforming dwelling conditions (dimensions?) *pre-existing home occupation activity

Hearing no comments regarding Local Law #2-2021 or the proposed SEQRA, Councilor DeLong made a motion, seconded by Councilor Parkhurst to close the Public Hearing at 6:24 P.M.

MOTIONS AND RESOLUTIONS

Supervisor Snow, Jr. made a motion, seconded by Councilor DeLong to adopt Local Law #3-2021, to override the tax cap, all were in favor, none opposed.

Supervisor Snow, Jr. recessed the meeting at 6:26 P.M.

Supervisor Snow, Jr. reconvened the meeting at 6:26 P.M.

Councilor Parkhurst made a motion, seconded by Councilor Farands to adopt Local Law #2-2021, Home Occupation Regulations, all were in favor, none opposed.

Supervisor Snow, Jr. made a motion, seconded by Councilor Farrands that the Board members of the Town of Granby, County of Oswego, do hereby affirm that the records of each town justice show, after being duly examined, that the fines therein collected for 2020 have been turned over to the chief financial officer as required by law, all were in favor, none opposed.

Councilor Abraham made a motion, seconded by Councilor Farrands to approve the dealer’s license for Koskowski Automotive, LLC, all were in favor, none opposed.

The Town Clerk reported to the Board that Kristen’s Kitchen at Battle Island State Park would be renewing their liquor license as of March 31, 2021.

Supervisor Snow, Jr. opened the fuel bid that was received from Mirabito Oil. This was the only bid received. A non-collusion bidding certification was included with the bid.

The fuel prices were as follows;

Councilor Parkhurst made a motion, seconded by Councilor Farrands to accept the fuel bid from Mirabito Oil for diesel, fuel oil and unleaded gasoline, all were in favor, none opposed.

Supervisor Snow, Jr. informed the Board of a situation in which an individual purchased a piece of property on Cole Road that included a construction trailer. He planned to remodel the trailer, but was told that is not permissible. He now has decided to build a home. Electric, well and septic are already in place on the property. He is requesting relief from the zoning ordinance to live in temporary housing until construction can be completed.

Supervisor Snow, Jr. made a motion, seconded by Councilor Parkhurst to grant Mr. Hesler relief from the zoning ordinance until September 24, 2021, all were in favor, none opposed.

Supervisor Snow, Jr. has emailed the Board a draft of a Codes Law Revision. The last revision was done in 2007. The current law is out of compliance. He asked the Board to review the draft and be ready to set a Public Hearing. Supervisor Snow, Jr. is waiting to hear from the Department of State before moving forward.

Supervisor Snow, Jr. has been talking with the USDA regarding financing of the new Town Hall project. Currently the bank building is still under a lease contract with Fulton Savings Bank. USDA funds cannot be used before the Town purchases the property. This will result in approximately a 15% cost increase. We would have some potential savings by using Miller Engineering as project manager instead of Pioneer. There is also potential savings on the roof and electrical estimates. Fulton Savings Bank will not be leaving their ATM on the property as previously discussed. This will also be a savings as that will no longer be a part of the construction.

Councilor Abraham made a motion, seconded by Councilor DeLong to give Supervisor Snow, Jr. authorization to sign an intent to purchase agreement for a $10,000.00 down payment with Pioneer, all were in favor, none opposed.

PAYMENT OF TOWN BILLS

Councilor Parkhurst made a motion, seconded by Councilor Abraham to pay the Town Bills as audited by Councilor Farrands on Abstract #4, all were in favor, none opposed.

General Fund $6,510.43 Highway Fund $6,159.66

Water Fund $ 877.50 Capital Projects $2,900.00

SL Fund $ 653.83 V Fund $ 847.50

The Town Clerk received a letter from the DOT indicating they will be doing a traffic study on Pendergast Road as a result of the Boards speed limit reduction request.

Councilor DeLong said he received complaints on Saturday and Tuesday night that the plows were not out early enough. Highway Superintendent Duncan said he would call the men in earlier if they think that will help. Councilor Parkhurst stated our roads are not safe and our Town does not call the men in when snow is predicted as they should. Highway Superintendent Duncan stated there needs to be plowable snow before the trucks go out and it takes 3 hours to do a route. When it is snowing, the snow continues to build up during that time and consequently some roads will inevitably have some snow on them.

The Board discussed whether the Community Center should be reopened. They decided any requests will be brought before the Board and they will assess each request. The renter would be required to submit a from regarding how they will be adhering to social distancing and mask requirements.

Councilor Parkhurst stated Supervisor Snow, Jr. is a turd.

ADJOURNMENT

Councilor Abraham made a motion, seconded by Councilor Farrands to adjourn the meeting.

Meeting adjourned at 7:20 P.M.