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Grafton Town Board Action – Pig Farm Discussed

October 17, 2008 By eastwickpress

by Judith Radford

 

On Thursday, October 9, the Grafton Town Board held its regular monthly meeting promptly at 7 pm. All members were present. Following the Pledge of Allegiance, roll call and approval of last months’ meetings, Supervisor Allison Kirchner asked for department reports. 

Superintendent of Highways Herbert Hasbrouck reported that the Highway Department is still working hard hauling sand in preparation for the winter. He attended the County Highway Association meeting where work is being done to find projects that can be shared among the County’s many towns. They have applied for a grant to support this program and are looking at ideas such as a shared wash bay for County vehicles and upgrading the County paver and Gradall which could be shared for joint projects throughout the County. The next meeting is on October 22 at 9 am at which time they will prioritize the needs of towns. Hasbrouck went on to say that maintenance of equipment would also be divided between the towns. Everything is in the planning stage, but he said shared projects and equipment could certainly help as most towns cannot afford to purchase some of the specialized equipment mentioned. 

Hasbrouck then reported that he is looking into three different recycling contractors as the present cost has gone from $600 to $1,200 a month. Councilwoman Messenger asked if it would be possible to collaborate with Brunswick. Hasbrouck said that Brunswick does its own recycling; but he will look into efforts other towns are making in this regard. Hasbrouck reported the cost of salt has also gone up, and Grafton is now paying $52.67 a ton and uses about 60 to 80 tons a season.

Tom Withcuskey, Codes Enforcement Officer, reported that 49 building permits have been issued so far in 2008 with 35 of them being outstanding from 2007. He went on to say he is sending out letters to residents who have junk cars or other debris in their yards that must be removed. 

Sharon Lecce of the Grafton Rescue Squad reported it was an extremely busy month with 18 calls during the month of September, 94.6 volunteer hours were expended, and they traveled 414 miles. 

The Supervisor’s Report and Town Clerk’s Report for the month of September were both approved unanimously. Copies can be obtained at the Town Clerk’s Office.

The members of the Board were provided with the Assessor’s Report of all properties with tax exemptions. This report can be seen at the Town Clerk’s Office. The report was provided by Assessor Charlie Hamill.

Pig Farm

Supervisor Kirchner reported that a copy of a letter from Town Attorney Sal Ferlazzo to Bernard Horowitz was received regarding the issue of former Supervisor Tyler Sawyer’s proposed pig farm on Flicker Hill Road for which he had sought and was granted a building permit. “This is now moot since the permit was withdrawn by Sawyer,” Ferlazzo wrote. Any further action on this property is an issue between Sawyer and the residents of Babcock Lake. He stated the town of Grafton has a “Right to Farm” law and is uncertain as to how the granting of the permit in the first place was in any way “inconsistent” with this law as suggested in Horowitz’s August 7 letter to the Town. Ferlazzo wrote, “While you make numerous assumptions concerning the grave impact this operation would have, I am not aware of the specifics of the operation and do not understand how these allegations can be made without the operation of the actual farm.” Ferlazzo goes on in the letter to explain the provisions of Section 90-5 for the resolution of disputes under the “Right to Farm” law and that, at the present time, those provisions do not apply. In closing, Ferlazzo states, “The concerns which you have raised are moot as far as the Town is concerned because (1) the permit has been withdrawn; and (2) there have never been any actual farming operations which have been conducted prior to the withdrawal of the permit which would invoke the dispute resolution mechanism of the “Right to Farm” law.”

An announcement was received from Rensselaer County inviting the Town Supervisor and Board members to a Local Government Symposium specifically addressing energy programs and services available for existing residential and commercial consumers and local governments. Symposium will be held at the Rensselaer County Dept. of Social Services, Administration Building, 127 Bloomingrove Drive, Troy from 9 am until noon on October 21.

The Capital District Regional Planning Commission in association with Albany, Rensselaer, Saratoga and Schenectady Counties Planning Departments will present a Local Government Planning and Zoning Workshop on November 7 from 8 am to 3:15 pm at the Bulmer Telecommunications Center at Hudson Valley Community College. There is a $30 fee that includes lunch. Registration deadline is October 29.

Letter was received from IVI Property Condition & Environmental Due-Diligence regarding the proposed installation of a cell tower by Verizon Wireless. The project is being reviewed under Section 106 of the National Historic Preservation Act for its impact on historic architectural and archaeological resources. The letter is asking if Grafton would like to be a “Consulting Party” in the matter and to respond back to IVI.

Letter was received from the NYS Department of Transportation regarding the proposed drainage work on Route 2 in the Town of Grafton. DOT attached a proposed plan for the project. A copy of this letter was sent to the Town Attorney, and Herb Hasbrouck has also been requested to review the plan. 

Adopted Dogs

A memo was received from Dawn Niebuhr of Creekside Kennel, Ltd with an animal shelter report. According to the memo, a female Jack Russell terrier was running at large near the Grafton General Store. It was held five days then vaccinated for rabies and licensed by a new adopter. A female German Shepherd along with a male puppy were found on Babcock Lake Road. Both dogs were vaccinated; no one showed up to claim them. They were held three weeks and then adopted. A female Red Bone was running at large on Pondview Road. She was full of fleas and emaciated. No owner came forward after five days. The dog was vaccinated and licensed out to a new adopter.

A letter was received from David Lipinski of Stonybrook Land, LLC regarding The Lake at Sylvan Way (Proposed as a Private Way). Lipinski informs the Board that per his discussions with Sal Ferlazzo, he is withdrawing his request of April 2008 for a deviation from certain road construction specifications. 

An email from Sal Ferlazzo regarding Watershed Protection states that there is “no legal requirement that the Town appoint anyone on this type of issue without proof there is a problem.” This is in regard to the “pig farm” issue on Babcock Lake. Ferlazzo goes on to say, “The Lake association can contact the County Health Department if there is a water problem. If Babcock Lake has needs which require more significant review, you could create a lake district and have the residents in the new district pay for all tests, etc., this would mean the rest of the Town is not paying for Babcock Lake’s alleged problems.” This would seem to put to an end the issue of the Town of Grafton getting involved in the “pig farm” issue.

Supervisor Kirchner asked for Town Board approval of a resolution setting the 2009 Town of Grafton Tentative Budget as Preliminary. There was a roll call vote, and the resolution was approved unanimously.

Supervisor Kirchner asked for approval to schedule a public hearing on Local Laws #1, #2 and #3 on October 30, at 6 pm, 6:15 pm and 6:30 pm respectively. Local Law #1 amends Town Code Section 100-9 Buildings-Unsafe; Local Law #2 Amends Town Code Section 125-11 Building Construction-Certificates of Occupancy, and Local Law #3 Amends Town Code Section 209 Cold War Veterans Exemption. A roll call vote was taken, and the public hearings resolution was approved unanimously.

Kirchner asked for approval of several budget revisions/transfer of funds. This list can be seen at the Town Hall. Budget revisions were approved unanimously with a roll call vote.

Councilman Ed Fredricks made a motion to approve all bills as audited. It was seconded by Councilman Crandall and approved unanimously. 

At the beginning of Public Comment/Privilege of the Floor portion of the meeting Supervisor Kirchner reminded everyone that there is a five minute limit per person. 

Tyler Sawyer said that he works for the County and has information regarding Rensselaer County Central Services which may help Herb Hasbrouck in trying to find a new recycling contractor. 

Parking At The Senior Center

Margaret Claus, former member of the Board, asked about the status of the signage for the Senior Center. Kirchner responded that Board Member Mike Crandall has been able to get someone to make the signs for just the cost of materials. There will be two signs, one on the front porch and one underneath the light. Claus also mentioned that the seniors were wondering if the parking at the Center could be rearranged so that the seniors can use the area that is now used for the Post Office with the Post Office parking changed to park alongside the curb of the Post Office. Kirchner asked if anyone had any problem with this, and no one did. Hasbrouck will do his best to get this changed as soon as time allows.

Sharon Lecce wanted to know who pays for the fuel and electricity at the Senior Center. Kirchner told her the County is responsible for that and also pays for insurance.

The meeting was adjourned at 7:40 pm with Kirchner welcoming back Samantha Crandall, who had been hospitalized for a very long period of time. Everyone cheered her return.

Filed Under: Front Page, Grafton, Local News

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