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The Town Planning Board of St. Johnsville

Saint Johnsville Planning Board Minutes Archive - 2016

2016 - Feb.29 | Mar.03 | Apl.27 | May.05 | Jun.02 | Jul.07 | Aug.04 |Sep.01 |Oct.06 | Nov.21 | Dec.03 |

St. Johnsville Planning Board Regular Meeting - December 3, 2016

The meeting was called to order at 7:00 pm by Chairman Martha Mancini. Present at this meeting was Chairman Martha Mancini, Vice Chairman George Haines, Les Larsen. Absent Secretary Melanie Shuster, Code Enforcement Officer James Castrucci. From the public, Tim Ryan of Cypress Creek Renewables, and Michael Mancini.

The minutes of the last meeting were read and approved. Motion made by George Haines, Seconded by Les Larson.

Chairman's Report: The Solar Law was passed by the Town Board and was sent to the Montgomery County Planning Board and was passed by that board. A public hearing was held on Nov. 21st at which time no one from the public appeared. The law was sent to the Secretary of State of New York's office to be recorded. The law has been recorded and sent back to the town office.

A PILOT program regulation was also approved by the Town Board and was sent to the Montgomery county Planning Board and was passed by that board. A public hearing was held on Nov. 21st at which time no one from the public appeared. The law was sent to the Secretary of State of New York's office to be recorded. The regulation has been recorded and sent back to the town office. According to that law, a fee of $1.00 per $1,000 of the total cost of a solar project or a minimum of $500 will be charged for the permit to construct any particular project. This fee will be paid before a special use permit would be issued.

The Planning Board Chairman recommends a date in January, 2017 to start studying the revision of the Comprehensive Plan for the town.

The poultry processing plant special use permit has been over 4-months old and no construction has begun on that proposal. Randy Fitzpatrick has been contacted and asked what their intention is.

On Nov. 16th, the Martha Mancini, George Haines, and Les Larson represented the planning board at a waterfront revitalization program sponsored by the NY State Department. The meeting was in Fort Plain at the Senior Center. There is no money available for waterfront revitalization according to the state department representative. The members that attended this meeting feel that we are wasting our time on this project.

We have received the signed SEQR forms from Cypress Creek Renewables for their requested special use permit for their Drinkwater project. Tim Ryan announced a new project that is under study by Cypress Creek Renewables. It is called Tayandenega Solar project and 480 acres have been leased from two families that border Kennedy Road. This will affect the Daman Farm and the Stowell Farm. He gave a preliminary sketch of the project, which he cautioned may change since they are just in the preliminary studies stages. This project is estimated to be $43,000,000 and will be a 20-megawatt project.

There was a motion to adjourn made by George Haines and seconded by Jeff Hadcock.

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Town Planning Board Regular Meeting - October 6, 2016

Meeting called to order by Chairman at 7 pm. Present Chairman Martha Mancini, Vice Chairman George Haines, Jeff Hadcox

Les Larsen, Melanie Shuster. Absent Code Enforcement Officer James Castrucci. From the Public Michael Mancini

The minutes of the September meeting were read and approved.

The Chairman's report was given to the Board. The entire Board attended the Training Board meeting in Ft. Plain on September 281h supposedly to study the Revitalization of the Waterfront Property in the Town of St. Johnsville. Very little was

mentioned about this at the meeting. The meeting was about the Comprehensive Plan which had little or no value as the material of Towns mentioned did not compare economically with our Town.

The next day our Chairman called the persons conducting the meeting and had a lengthy conversation on her disappointment of this as none of the Towns or Cities compared with St. Johnsville. She also E-Mailed persons in charge of the Waterfront Revitalization on the lack of information at this meeting. She was told more information would be forthcoming.

Martha then called Mayor Bernie Barnes of the Village of St. Johnsville about a joint meeting with their Planning Board to discuss the Revitalization Project. Our Chairman thought perhaps with the Town and Village efforts working together with a study, Grants might then be available.

The SEOR Cookbooks were then handed out for all of us to study.

Cypress Creek Renewables have rescheduled their meeting with us to November 3rd to submit their application for a Solar Project here. Martha told them fees were set by the Town Board after their requests were received by the Planning Board. We would make the request to the Town Board for the price.

We would hope the Town Board will act on the Solar Law. After their vote it would then be sent to Montgomery County Planning Board for review. A public hearing must be held by the Town Board after that process. If this is received in a positive way the law should then be placed in effect.

Our Chairman submitted a request for $8000 in the Town Budget to the Supervisor in case we had to hire a consultant in the upcoming year since we are also required by Law to update the Comprehensive Plan as well as the Land Use Laws.

At the last Town Board Meeting which the Chairman attended it was brought to her attention the fact that the Legal bill was much larger than normal. The answer the Lawyer gave was that the Planning Board was the reason. Martha then requested a itemized statement that pertained to the Planning Board. She received a statement from him of 7.4 hours@ $125. She then figured our cost would be about $925. No comments were made from the Public

A motion was then made by George Haines at 9:04 pm to close the meeting, seconded by Les Larsen

Melanie Shuster, Secretary

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TOWN PLANNING BOARD REGULAR MEETING - SEPTEMBER 1, 2016

The meeting was called to Order at 7:20 pm by Chairman Martha Mancini. Present Chairman Martha Mancini,, Vice Chairman George Haines, Les Larsen, Jeff Hadcox, Melanie Shuster., Attorney Norman Mastromoro. Absent Code Enforcement Officer James Castrucci. From the Public Michael Mancini

The minutes of August 4th meeting were read and approved.

The Chairman's reported at the Special Town Board meeting on Monday August 29th, 2016 from the Public Dean Handy objected to the Proposed Solar Law to amend the Town of St. Johnsville Land Use Law as it did not give the intent.

The Board decided Attorney Mastromoro was to give the Board a Proposal of Findings pertaining to the Solar Law.

Under New Business: The Town Board of St Johnsville sent the proposed Solar Law back to the Planning Board to have a "FINDINGS" paragraph added by public request at the Special Town Board Meeting on August 29th, 2016.

A SEOR form for proposed Law is to be filled out.

A motion made by Jeff Hadcox, seconded by George Haines for a final draft of the proposed Solar Energy Law in compliance with SEOR along with the Findings prepared by the Town Attorney Norman Mastromoro to amend the Local Land Use Law to regulate Solar Energy Systems.

Passed by the Board.

Other Business: On September 28, 2016 at the Senior Citizens Center in Ft. Plain a Training Meeting will be held from 6 pm to 9 pm for all of the members of the St, Johnsville Town Planning Board held by the State of New York enabling us to write a new Comprehensive Plan

Since there were no comments from the Public a motion to closed the meeting at 8 :50 pm made by Les Larsen, Seconded by Jeff Hadcox was made and approved.

Melanie Shuster, Secretary

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TOWN PLANNING BOARD REGULAR MEETING - August 04. 2016

Call to Order at 7:00 pm at Town Offices

Present: Chairman Martha Mancini, Assistant Chairman George Haines, Les Larsen, Jeff Hadcox, Melanie Shuster, Honorable Norman Mastromoro, Town Attorney, Absent Code Enforcement Officer James Castrucci.

From the Public Present: Michael Mancini, John Reagan Zoning Manager Cypress Creek Renewable Energy.

The Minutes of the June 3rd meeting were read an approved. Les Larsen made the motion for approvable, seconded by Jeff Hadcox, passed by the Board. The previous minutes of June 3rd were not received very well and needed correcting.

The minutes of July 7th were read and approved. Again motion made by Les Larsen, seconded by Jeff Hadcox, passed by the Board.

The Chairman's report stated that we have a gentlemen here tonight, Mr. John Reagan giving us an informed presentation on Solar Energy from Cypress Creek Renewable Energy. We were informed that next Thursday night at the Town Meeting they will address Solar Energy.

Revitalization will help bring new business into the Community, as research for this is going on at the present time. Employment would also be a factor into this development

Mr. Fitzpatrick of the Fitzpatrick Poultry Processing informed us that upgrading the building to make a better facility is going on at the present time. Also he has removed many of the cars on the property.

Under New Business, Attorney Mastromoro informed us that at the present time we would need a Moratorium on Solar Energy until we were better informed. The present Land Use Laws need to be addressed as this is a new factor for consideration. We need to know what is permitted with Solar Energy and what a Special Permit would entail with Solar Farms. This is new Territory and not in our Site Plans. If, what we talk about fits the definition we might consider the Tele-Communication Law.

We then were introduced to Mr. Reagan who gave us a very informed presentation on Solar Energy expressing his desire for about a twenty (20) acre plots limiting to 2 megawatts supply enough energy to Five Hundred (500) homes. The land needs to be flat, dry having a 3 phase power to go into the electrical system.

Chairman Mancini told him Set Backs are not concrete, and the present 200 feet set back from the property line will need to be addressed. Fifty feet would be average Mr. Regan asked if the Board might make the necessary changes. Chairman Mancini said we would be open for changes if need be. He also stated that our Planning Board seemed much more informed than other Towns according to the questions asked by the members

At the present time Cypress Creeks have an application for a Solar Farm in the Town of St. Johnsville, as Mr. Regan gave us the proposal of the overhead view of this Farm. He stated that buildings are not a part of this farm. Twenty-five feet would be low on a set back, while fifty feet would be a comfort level.

Under Other Business: Members of the Board wondered when the Town would approve a Modified version of Solar Farm Law Since there were no public comments a motion made by George Haines to closed the meeting seconded by Jeff Hadcox at 8 :45 pm.

Melanie Shuster, Secretary

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TOWN Planning Board Regular Meeting - July 07 2016

ST. JOHNSVILLE PLANNING BOARD Thursday July 7, 2016 Time: 7:00 pm Town Office, St. JOHNSVILLE, N.Y.

Present: Chairman Martha Mancini, Melanie Shuster, Jeff Hadcox, Honorable Norman Mastromoro, Attorney at Law. Absent, George Haines, Les Larsen, Code Enforcement Officer James Castrucci

Present from the Public Michael Mancini

The Chairman brought to our attention the need for someone to write grants for consideration of our Town in the future.

Under New Business: The Chairman gave to us a document of St. Johnsville proposed project pertaining to the Waterfront Revitalization Area. This is a long term growth strategy plan to provide growth for the Town in this corridor. She informed us this strategy needs to be accompanied by regulatory controls such as rezoning that will facilitate desired development. Approximately 80 acres west of St. Johnsville's Industrial Park should be considered for development.

The Chairman presented to the Board an extensive proposed draft to amend the Town of St. Johnsville Zoning Law to regulate Solar Energy Systems. This draft consisted of all the different types of Solar Energy.

The purpose of these regulations is to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar collection systems without excess regulations. These regulations are not intended to override the New York State Agriculture and Markets Law. A discussion then followed suggesting the Chairman present this first draft of the Proposed Local Law to Regulate Solar Energy systems be taken to the Town Board Meeting.

A motion was made by Jeff Hadcox for the Chairman to present to the Town Board the first draft of the Local Law to amend the Town of St. Johnsville's zoning Law to regulate solar energy systems. Seconded by Melanie Shuster. Passed by the Board.

Chairman Mancini commented she would then take this to the Board meeting the following Thursday.

Motion made to close the meeting at 9:20pm by Jeff Hadcox, seconded by Melanie Shuster

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TOWN Planning Board Regular Meeting - June 02, 2016

TOWN Of St. Johnsville Planning Board Thursday June 2,2016

Time 7:00 pm location Town Office, St. Johnsville, N.Y. 13452

Members Present Chairman Martha Mancini, Vice Chairman George Haines, Jeff Hadcox, Les Larsen, Melanie Shuster, Honorable Norman Mastromoro Attorney at Law for the Town. Absent Code Enforcement Officer, James Castucci.

Present from the Public: Michael Mancini, Linda Hadcox, Randy Fitzpatrick, Honorable Darcy Crum, Attorney for Randy Fitzpatrick, Shaeeze Alli, Kasshif Alli.

Minutes of the May 5th 2016 meeting along with the minutes of the May 18th 2016 Public Meeting were read and approved.

Chairman Martha Mancini informed us of information from Brad Sherman, Technical Advisor of Cypress Creek Renewable Energy from North Carolina on the availability of land far Solar Energy Farms. Chairman Mancini informed us at the present time we have little or no information on the affect this would have on the environment. She also told us there is nothing about this in our Land Use Law, so we would certainly have to research this. Currently there are three large Companies selling Solar Energy.

Attorney Mastromoro told us we would have to know what the use would be permitted for homeowners, as well as commercial use. We will have to define what a Solar Farm will be in our Land Use Laws. He also stated we might charge a fee for this.

Attorney Crum informed us we would have to be very careful with this, as these Companies need to be Bonded for the removable of equipment and restoration of the land when Solar Energy is not in use.

The Fitzpatrick Poultry Processing package was prepared by the Planning Board, submitted to the Montgomery County Planning Board, was approved by the County without change. A copy of the Memorandum of Lease would be given to the Board of the LLC Company identified by the parties with whatever changes were to be made the Town would be notified. The intent of the Conditions is not that the Town would micromanage the Processing Facility but that if, in the future any violations they might be found guilty, the Permit could be withdrawn. Attorney Mastromoro read the Special Usage Permit to the Board with a copy going to Chairman Mancini.

Martha Mancini discussed the Special Use Permit for Consideration with the Planning Board. She stressed that in view of the fact that Mr. Fitzpatrick had submitted everything that he was asked to according to St. Johnsville Land Use Laws, and has the County had approved it as submitted, unless a law that the Planning Board was not informed the request should be approved.

A motion was made by Jeff Hadcox, seconded by George Haines, finding the Facts and Conclusions acceptable. Passed by the Board.

Chairman Mancini Congratulated Mr. Fitzpatrick and Shaeeze Alli on their new business of Poultry Processing wishing them well, suggesting they start work in the morning.

Motion made by George Haines to adjourn the meeting sat 8:51pm, seconded by Les Larsen

Melanie Shuster, Secretary

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TOWN Planning Board Regular Meeting May 5, 2016

Call to Order by Chairman Martha Mancini at 7 pm.

Roll Call: Present Chairman Martha Mancini, Assistant Chairman George Haines, Les Larsen, Jeff Hadcox, Secretary Melanie Shuster, Attorney Honorable Norman Mastromoro, Absent Code Enforcement Officer James Castucci

PRESENT FROM THE Public: Michael Mancini

The Minutes of the April 7th meeting along with the Special meeting of April 27' were read by the Secretary. Voted for approval by George Haines, seconded by Les Larsen.

Chairman Mancini informed the Board that we needed a Referral Form along with three (3) copies of a Full statement of the Proposed Action which includes All materials required and submitted to the referring body as an application for the County.

The completed Environmental Assessment Form (EAF) as well as all other materials used by the referring body to make a determination of significance under the Environmental Quality Review Act (SEQR)

Action Site Plan Review, Special Use Permit

This property is located near a New York State Highway 5. The Project name is Fitzpatrick Poultry Processing.

The Referral Form is to be mailed to the Montgomery County Planning Board, Old County Courthouse, P.O. Box 1500, Fonda NY.12068 ten days before the Public Hearing for a Site Plan or a Special Use Permit or at least five days before a Public Hearing for a variance. The County will then make recommendations to the Board to give a Special Use Permit.

The Public Hearing will be on Wednesday Evening May 18th at 7 PM in the Town Barn.

The Lead Agency is the St. Johnsville Town Planning Board, Martha Mancini Chairman.

Chairman Mancini will send Registered letters to ten of the nearby land owners, return receipt requested informing them of this action.

Randy Fitzpatrick is to make sure we have the necessary copies required. We need three (3) copies of the Lease Memorandum stating they are a LLC Company along with three copies of the Site Plan. The Lease is between Fitzpatrick and Safeena Halel Meat Processing.

Under Old Business the Board discussed the Environmental Issues this would affect. One of our main concerns to address is - Will this proposed action pollute anyone's water in the nearby homes. Will our proposed action affect smells or Septic Systems of nearby homes. Will our proposed action affect the deer crossing at his location and cause automobile accidents. Jeff Hadcox suggested we place a cyclone fence at the top of the hill to defer the deer.

New Business:

A discussion on Solar Energy. The Board feels we are not informed and need to have in our possession more Educational information before any decisions are to be made.

George Haines made a motion to close at 8:30 pm with Jeff Hadcox seconded the motion.

Melanie Shuster, Secretary

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Town Planning Board Special Meeting - Wednesday April 27, 2016

Meeting called to order by Chairman Martha Mancini at 7:04 pm

Present: Chairman Martha Mancini, Assistant Chairman George Haines, Les Larsen, newly appointed member, Jeff Hadcox Melanie Shuster, Honorable Norman Mastromoro, Town Attorney, absent Code Enforcement Officer James Castrucci.

From the public: Michael Mancini, Randy Fitzpatrick, Honorable Joanne Darcy Crum, lawyer for Mr. Fitzpatrick, Suzette Logan.

Chairman Mancini informed Mr. Fitzpatrick's lawyer we needed to correct some information on the proposed docket information on the wording. It will not be acceptable for the words livestock or butchering of the animals or the word meat. We will only accept poultry processing.

Upon furthering questioning Chairman Mancini asked for the condition of the agreement as Randy and Chad Fitzpatrick's name are on the Site Plan Zoned Agricultural with Commercial Overlay with Safeena Halel Meat Processing. It was brought to her attention that Mr. Fitzpatrick was to lease the land to Safeena Halel Meat Processing, 8001 State Highway 5, St. Johnsville N.Y. 13452. Since this was to be the case, Chairman Mancini asked for a copy of the lease stating the terms along with the condition of agreement of the applicant. A Memorandum of the Lease would then state the terms.

Suzette Logan was allowed to speak giving us numerous concerns as this borders on her property.

Section 20 of the Land Use Law page 40, sec. 20 A,20 B, 20 C, Private Section Estates we should notify the neighboring land owners, also have a Public Hearing. This was then decided to have one on May 11th 2016 at 7 pm in the Town Barn.

Attorney Crum stated they would start with the processing of 700 chickens a week, hiring six employees, the chickens being brought out of the State.

Upon completion of the above data we would then have an Environmental Assessment of the situation. Motion to close the meeting at 8:20 by George Haines, seconded by Les Larsen.

Melanie Shuster, Secretary

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Town of St. Johnsville Planning Board March 3, 2016

The meeting was called to order by newly appointed Town Board Chairman Martha Mancini at 7:10 pm.

Roll Call Order Present: Martha Mancini Chairman, George Haines, Melinda Suite, Les Larsen, Melanie Shuster, Attorney Norman L. Mastromoro.

Present from the Public Randy Fitzpatrick, Chris Mosher, Chad Fitzpatrick, Mike Mancini, Kasshif Polli, Safeena Halel.

Chairman Mancini appointed George Haines as Vice Chairman. Motion made by Melinda Suite, seconded by Les Larsen. Passed Unanimous.

Chairman Mancini made a motion to appoint Melanie Shuster, as Secretary. Motion made by George Haines, Seconded by Melinda Suite. Passed Unanimous.

Discussion on the Land Use Enforcement Officer. Section A of the Agenda. The Code Enforcement Officer was requested by the Chairman to attend every meeting to discuss his work along with the prior workings of previous months with the Planning Board The motion was made by George Haines, seconded by Les Larsen, passed Unanimous.

The Chairman requested a motion for the meetings of the Planning Board to be the First Thursday of the Month, held at 7 pm in the Town

Boards Facility.

Motion made by Melanie Shuster seconded by Les Larsen. Passed Unanimous. The next meeting will be April 7, 2016.

Page 2 Minutes of Planning Board Meeting March 3, 2016

Randy Fitzpatrick addressed the Board with his concerns Attorney Norman Mastromoro clarified that he should not have been given a Special Use Permit as a requisite to the permit

Section 20. Page 40 lists the procedure of the Land Use Laws as ABCD that must be followed in order. Letter B informs that 5 copies of the site plan are given to the Code Enforcement Officer along with an Application submitted to the Environmental Assessment. Once ABCD is completed then this comes to the Planning Board for review. Mr. Fitzpatrick said he was told by the Code Enforcement Officer along with the past Planning Board Chairman he could have a Conditional Special Land Use Permit to allow construction of a Poultry Rendering Plant.

Chairman Mancini presented a Check List to Mr. Fitzpatrick with everything he needed to give to the Code Enforcement Officer in order to apply for a Special Land Use Permit.

In the discussion with the Public on why no meetings were held since October 8, 2013, Melanie Shuster stated upon the advice of the past Chairman, he would call us whenever it was necessary. We waited for the call as we were all waiting to do our job.

Motion to Adjourn at 8:45 pm by George Haines, seconded by Melinda Sweet

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Statement of the Newly Organized Saint Johnsville Planning Board - February 29, 2016

At a special meeting on Monday, February 29, 2016, the town board of Saint Johnsville re-organized the Saint Johnsville Planning Board.

Saint Johnsville Planning Board was in disarray due to the past chairman resigning at the January meeting of the Town Board. He was urged to do so by the town board since there had not been a meeting of the planning board since October 8, 2013.

The newly elected Town Supervisor, Dominick Stagliano, Board Member Ronald Hezel, and Board Member Timothy Smith took their seats on January 1, 2016. After their initial organizational meeting in January, the Planning Board situation became urgent since there were applications for special permits that needed to be submitted and there were only three (3) members left on the Planning Board and this board could not function. The legal planning board working members in Saint Johnsville is five (5) working members. When looking at the Planning Board as a whole, it was decided that the planning board must be re-organized.

The new Saint Johnsville Planning Board is as follows:

Martha Mancini, Chairman filling the vacancy of Dean Handy

Melanie Shuster

Melinda Sweet

George Haines

Leslie Larson

A special organizational meeting of the Saint Johnsville Planning Board is scheduled for Thursday, March 3, 2016 at 7:00 PM at the town barn office facility.

"We are just trying to get the Planning Board up and running," said Martha Mancini. "There are applications waiting for submission and will need special attention. This board will be ready and wilting to meet the needs of any resident or person in any and every way that we can according to the the Land Use Laws that we operate within. We are very interested in the progress of Saint Johnsville," she added.

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