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Town of Beekman Resolutions from February 23, 2004 meeting. Go
to - RESOLUTION 2:23:04 - 1 Beekman Recreation
Fields and Facilities – Advertising Banners RESOLUTION 2:23:04 - 1 Beekman Recreation Fields and Facilities – Advertising Banners - January 30, 2004 In an effort to help offset some of the costs of maintenance, repair and improvements to the Town of Beekman Recreation Department’s fields, parks and facilities, the Beekman Recreation Commission hereby proposes, and submits to the Beekman Town Board for approval, the following:
The Recreation Commission hereby requests Town Board approval for the above, and for the creation of a Trust in Agency Account for the use of any funds generated by the above. Please let me know if you should have any questions, or if you should need any additional information. Respectfully submitted, Eric Verhave, Chairman RESOLUTION 2:23:04 - 2 RE: Appointing Independent Auditor – D’Arcangelo & Co., LLP Councilwoman Barbara Zulauf offers the following and moves its adoption: WHEREAS, the services of an independent auditor is required to audit the Town of Beekman’s financial records for the fiscal year ended December 31, 2003; now therefore be it RESOLVED, that D’Arcangelo and Co., LLP, 120 Lomond Court, Utica New York, is hereby appointed to perform the year-end audit at a fee not to exceed $17,900.00 and in accordance with D’Arcangelo’s February 10, 2004 Audit Proposal. Seconded Councilman Werner Stiegler ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 3 RE: Authorizing Submission of Program Project For NYSDOT Funding Councilman Werner Stiegler offers the following and moves its adoption: WHEREAS, the construction of a public road leading to the library currently under construction on Town property has been designated to receive funding through the Multi-Modal 2000 Program; and WHEREAS, the New York State Department of Transportation (NYSDOT) requires project specific information in order to confirm the project’s eligibility and approve funding of $12,000.00; now therefore be it RESOLVED, that the Supervisor is hereby authorized to submit a Project Information Sheet and certified application for funding of a public road leading to the library and to sign any and all documents necessary to initiate the contract agreement and which are required for reimbursement for funding under the MM2000 Program. Seconded Supervisor John Adams ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 4 Introduced by Councilwoman Barbara Zulauf Dated:
February 23, 2004 LOCAL LAW #____ OF 2004 BE IT ENACED by the Town Board of the Town of Beekman as follows: Sec. 155-4 Definitions is amended to delete the present definition of Farming and to substitute the following FARM – A parcel of land of not less than ten (10) acres used for the production of crops, livestock or livestock products including dairy products, eggs, poultry, fruit, nuts, honey, vegetable and field crops, orchards, nurseries, greenhouses or other similar operations used primarily for the raising of agricultural or horticultural commodities. The term farm includes necessary farm structures within the prescribed limits of the farm parcel and the storage of farm vehicles and equipment as part of farming operations. The term farm does not include public stables, dog kennels, cage-type poultry farms housing more than 3,000 birds, fur farms and pig farms holding more than four pigs. A garden or the mere keeping or raising of livestock for private use accessory to a residential use shall not be deemed a farm. Notwithstanding the ten-acre limitation contained in this definition, land located within an Agricultural District that term is defined by Article 25-AA of the Agriculture and Markets Law, which is used in agricultural production in accordance with the definitions contained in Sec. 301 of said law, shall be deemed a farm regardless of its acreage. FARM MARKET – A structure or structures on not less than seven (7) acres operated as an accessory use to a farm, for the sale of agricultural and farm products as permitted by Sec. 155-34.1. RETAIL GOODS – merchandise of any sort sold or held for sale by consumers ROADSIDE FARM STAND – A temporary structure whose use is the seasonal display and sale of agricultural products grown exclusively on said premises and which uses its proximity to a roadway to attract customers, in accordance with Sec. 155-34-2.
155-34.1 Farm Market A. Such farm market must be operated as an accessory use to the principal
farm use and shall only be operated by the farmer-applicant
155-34.2 Roadside Farm Stand The Schedule of Permitted Uses in the Zoning Code is amended to indicate
Farm Market is a use permitted with site plan approval, and farm stand
as a permitted use in the R-135, R-90, R-45, PH.R-MH & 1-1 zones. RESOLUTION 2:23:04 - 5 Introduced by Supervisor John Adams Dated:
February 2, 2004 A LOCAL LAW RENEWING A SIX-MONTH MORATORIUM ON PLANNING APPROVALS IN THE TOWN CENTER AREA Be it enacted by the Town Board of the Town of Beekman as follows: Section 1. Title This Local Law shall be referred to as the Local Law Renewing a Six-Month Moratorium on Planning Approvals in the Town Center area. Section 2. Purpose and Intent Pursuant to the statutory powers vested in the Town of Beekman to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Beekman hereby declares a six-month moratorium on development in the Town Center area. The establishment and encouragement of a town center area is a centerpiece of the Town of Beekman Master Plan. The area, which is generally the junction of N.Y.S. Route 55 with Clove Valley Road and Beekman Road, properly developed, has the potential to be a thriving business and government center for the Town. The Town Board itself has committed the Town to this concept by acquiring land in the area for a new town library and recreation area. Town government will continue to review and adopt land use controls for the Town Center area to foster sound development consistent with the Master Plan and it is crucial to maintain the status quo during the planning period. Section 3. Affected Area The area affected by this legislation is the present C2 Commercial Zone along Route 55 as the same is described in the present Zoning Law and depicted on the zoning map of the Town, but limited to the area thereof west of Sunrise Drive. For purposes of this legislation, said area shall be referred to as the Town Center. Section 4. Scope of Controls A. During the effective period of this Local Law: 1. The Town of Beekman Planning Board shall not accept any plans pertaining to the Town Center area for review or other action unless said plan had been presented to the Planning Board prior to May 1, 2003. It is the intention of this local law to supercede the default approval provisions of Town Law Sec. 276. 2. The Town of Beekman Zoning Board of Appeals shall not grant any variance or other permit pertaining to any parcel within the Town Center. 3. The Building Inspector/Code Enforcement Officer of the Town of Beekman shall not issue any permit pertaining to any parcel within the Town Center unless said parcel has received final subdivision or site plan approval from the Planning Board. B. The Town Board of the Town of Beekman reserves the right to direct the Town of Beekman Building Inspector/Code Enforcement Officer to revoke or rescind any building permits or certificates of occupancy issued in violation of this Local Law. Section 5. No Consideration of New Applications No applications for construction affected by this Local Law or for approvals for a site plan, subdivision, variance, special use permit or other permits within the Town Center shall be considered by any board officer or agency of the Town of Beekman while the moratorium imposed by this Local Law is in effect. Section 6. Term The moratorium imposed by this Local Law shall be in effect for a period of six months from the effective date of this Local Law and may by resolution, be extended for two three month periods if the Town Board determines that accomplishing the purposes of this local law requires additional time. Section 7. Penalties Any person, firm or corporation that shall establish, place, construct, enlarge or alter any building or structure in violation of this local law or shall otherwise violate any of the provisions of this local law shall be guilty of a violation and be subject to the penalties for offenses under Article VIII, Section 155-47 of the Town Code. A. Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Town of Beekman for violations: and B. Injunctive relief in favor of the Town of Beekman to cease any and all such actions which conflict with the Local Law and, if necessary, to remove any construction that may have taken place in violation of this law. Section 8. Validity The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Section 9. Hardship A. Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Beekman in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision or other permit during the period of the moratorium imposed by this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days written notice in the official newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within fifteen (15) days of the close of said Public Hearing, render its decision either granting or denying the application for variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. Section 10. Effective Date This Local law shall take effect the 29th day of February,. 2004 or as
provided by law. RESOLUTION 2:23:04 - 6 Introduced by Councilman Werner Stiegler Dated:
February 23, 2004 LOCAL LAW # 1 OF 2004 - SNOW PARKING ORDINANCE BE IT ENACTED by the Town Board of the Town of Beekman as follows: a. Whenever snow has fallen and the accumulation thereof is such that it covers the streets and highways, an emergency shall exist and no vehicle shall be parked on the streets and highways or portions thereof in the Town of Beekman. The above parking prohibition shall remain in effect after the snow has ceased and until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic. b. Any unoccupied vehicle parked or standing in violation shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage, which may result from such removal before regaining possession of the vehicle. c. In addition, the owner of any vehicle parked or standing in violation of this local law shall be issued a parking ticket, which shall subject such vehicle owner to a fine of a sum not exceeding fifty dollars ($50). d. This local law shall take affect immediately. RESOLUTION 2:23:04 - 7 RE: Authorizing Music for Memorial Day Service Councilman Thomas Kinsley offers the following and moves its adoption: WHEREAS, the Town of Beekman holds a Memorial Day service and parade each year to honor those veterans who have served and are currently serving our country; now therefore be it RESOLVED, that the Supervisor be and hereby is authorized to enter into a contract for musical entertainment for the annual celebration with “The Sophisticates” at the cost of $250.00. Seconded Councilwoman Barbara Zulauf ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 8 RE: Authorizing Attendance at Field Construction And Maintenance Seminar Councilman Thomas Kinsley offers the following and moves its adoption: WHEREAS, the Hudson Valley Commercial Horticulture Education Program of Cornell Cooperative Extension will present a seminar on construction, renovation and maintenance of soccer fields on March 19, 2004 in Wappingers Falls, New York; and WHEREAS, attendance of employees responsible for the recreation fields in the Town of Beekman will be beneficial; and WHEREAS, the cost of $75.00 per person has been included in the 2004 budget; now therefore be it RESOLVED that Gregory Brown and Wayne Monroe are hereby authorized to attend said seminar. Seconded Councilwoman Barbara Zulauf ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 9 RE: To Schedule Public Hearing – Local Law Defining and Providing for the Regulation of Farming Operations and Farms Stands Councilwoman Barbara Zulauf offers the following and moves its adoption: WHEREAS, the present Zoning Code of the Town of Beekman is largely silent on the issue of farms and farming operations; and WHEREAS, there have been recent amendments to the State Agriculture and Markets Law and the regulations of the Department of Agriculture and Markets relating to a broader definition of farming operations and the limited extent to which the same may be subject to local zoning and planning regulation-particularly within designated agricultural districts; and WHEREAS, a more specific local law will encourage such uses where consistent with other permitted uses while providing for regulation as permitted by the Agriculture and Markets Law; now therefore be it RESOLVED, that a Public Hearing on said proposed Local Law shall be held on the 15th day of March, 2004 at 7:15 p.m. at the Town Hall, 4 Main Street, Poughquag, New York; and be it further RESOLVED, that notice stating the time and place of such hearing and the purpose thereof, shall be published in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman, and posted on the signboard of the Town on or before the 5th day of March, 2004. Seconded Supervisor John Adams ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 10 RE: Confirming and Ratifying Execution of a “Non-Disturbance Agreement” Concerning the Beekman Library Lease Councilman Werner Stiegler offers the following and moves its adoption: WHEREAS, the Beekman Library today closed on its construction financing with Hudson United Bank; and WHEREAS, as owner of the premises subject to the Library’s ninety-nine year lease, the Town of Beekman was requested to execute a so-called “non-disturbance” agreement which is a common form which states in substance that the lease shall not unduly interfere with the mortgage; and WHEREAS, a copy of said agreement is attached hereto; and WHEREAS, in order to facilitate the scheduled closing and on the advice of the Attorney to the Town, the Town Supervisor signed said agreement under his authority to negotiate the lease terms; and WHEREAS, the bank counsel has now requested evidence of authority; now therefore be it RESOLVED that the Town Board of the Town of Beekman hereby ratifies and confirms the execution of said “Non-Disturbance Agreement” attached fully and as if issued ab initio. Seconded Councilman Thomas Kinsley ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 11 RE: Authorizing Soliciting of Advertisements Banners At Recreation Fields Supervisor John Adams offers the following and moves its adoption: WHEREAS, the Beekman Recreation Commission has requested permission from the Town Board to solicit advertisers to purchase advertising banners and has submitted a policy and procedures outline for approval; and WHEREAS, funds collected from advertisers will help offset some of the cost of maintenance, repair and improvements to the Town of Beekman Recreation Department’s fields, parks and facilities; now therefore be it RESOLVED, that the Town Board hereby approves the attached policy and procedures for soliciting advertisers for banners to be placed on fences at the Town’s recreation fields, parks and facilities and be it further RESOLVED, that a Trust and Agency Fund be established for the sole purpose of maintaining, repairing and making capital improvements to the Town’s recreation fields, parks and facilities; and be it further RESOLVED, that no expenditures shall be made from the fund except upon authorization of the Town Board. Seconded Councilwoman Barbara Zulauf ROLL CALL VOTE: Dated: February 23, 2004 RESOLUTION 2:23:04 - 12 RE: To Enact Snow Parking Ordinance – Local Law #1 of 2004 Councilman Werner Stiegler offers the following and moves its adoption: WHEREAS, a proposed Local Law to impose a snow parking ordinance was introduced with a public hearing on the proposed Local Law being duly held before the Town Board on February 23, 2004; now therefore be it RESOLVED, that said Local Law to be numerated as Local Law #1 of 2004, be and hereby is enacted by the Town Board of the Town of Beekman; and be it further RESOLVED, that certified copies of this Local Law be filed immediately in the offices of the Beekman Town Clerk and the New York Secretary of the State. Seconded Supervisor John Adams ROLL CALL VOTE: Dated: February 23, 2004 |
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