TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of a Special meeting of the Santa Clara Town Board held on Thursday July 23, 2009 at the Saranac Inn, NY Town Hall at 7:00pm.

Roll call as follows:
    Present:
  • Marcel Webb - Supervisor
  • Thomas Chipperfield - Councilman
  • David Perry - Councilman
  • Philip Durkin - Councilman
  • Thomas Kimpton - Councilman

The Special meeting was called to order by Suprv. Webb Motion by David Perry seconded by Thomas Chipperfield to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried.

A Short Environmental Assessment Form was reviewed by the Board and signed by Suprv. Webb indicating that the enactment of Local Law No. 1 of 2009 will have no adverse effects on the environment.

The following resolution was offered by Philip Durkin who moved its adoption, and seconded by Thomas Chipperfield, to wit:

WHEREAS, there was previously introduced before the Town Board of the Town of Santa Clara proposed Local Law 1 of the year 2008, entitled "A Local Law Regulationg the Use of Outdoor Wood Boilers in the Town of Santa Clara," the purpose of the proposed local law being to protect the health, safety and well-being of persons and porperty within said Town by imposing restrictions and regulations upon the use of Outdoor Wood Boilers therin; and

WHEREAS, the Town Board recognizes its obligation to comply with the provisions of SEQRA prior to rendering its decision as to whether to enact the proposed local law; and

WHEREAS, the Town Supervisor has completed and filed in the office of the Town Clerk a short Environmental Assessment Form (EAF) dated July 23, 2009 in conjunction with the proposed local law, which short EAF the Town Board has considered concerning its proposed action fo enactment of the local; and

WHEREAS, a duly notified public hearing upon the matter of the proposed local law has been held this date and the Town Board anticipates enacting a resolution adipting said local law.

NOW, THEREFORE, BE IT RESOLVED that the following findings and conclustions are made:
  • 1. The Town Board is the only agency involved in teh dtermination of whether the proposed local law should e enacted and hereby designates itself as the lead agency responsible for compliance with the SEQRA.
  • 2. The Town Board knows of no Federal, State or local agency which has determined that the porposed action may have a significant adverse impact on the environment
  • 3. The Town Board determines that the propsed action of enactment of the proposed local law is not a SEQRA Type 1 Action and does not fall within the definition of SEQRA Type II Action. The Town Board therefore classifies the proposed action as "Unlisted."
  • 4. Having determind that the proposed action is subject to SEQRA dows no involve any other agency and is an "Unlisted" action the Town Board is next required to make either a positive or negative declaration of environmental impct.
  • 5. The Town Board has reviewd the short EAF dated July 23, 2009 and the said EAF shall be used to help determine the environmental significance of the action, combined with the finding hereby made that the proposed enactment of the local law will not have any adverse environmental effects.

    • THE TOWN BOARD HAVING MADE THE ABOVE FINDINGS, it is hereby:

    RESOLVED, that the porposed action of enactment of Local Law of 2009 will not result in any adverse environmental impacts; and it is further

    RESOLVED, that the Town Board hereby makes a NEGATIVE DECLARATION pursuant to SEQRA, and an Environmental Impact Statement will not be prepared the lead agency is the Town of Santa Clara, c/o Marcel Webb, Town Supervisor, 80 County Route 46, Saranac Lake, NY 12983, phone number (518) 8916240 and it is further

    RESOLVED, that having made this Negative Delcaration, the Town Board hereby terminates any further review under SEQRA. This Resolution shall be filed in the office of the Town Clerk of the Town of Santa Clara.

    The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor Webb - Aye, Coundilman Perry-Aye, Councilman Kimpton-Aye, Councilman Chipperfield-Aye, Councilman Durkin-Aye. REsolution adopted by unanimous vote..

    Motion by Thomas Chipperfield, seconded by Thomas Kimpton that when Local Law 1 of 2009 is duly filed with the Secretary of State, the moratorium relating to wood boiler construction will become null and void. All members voting Aye. Motion carried.

    Motion to adjourn at 7:45 PM made by David Perry seconded by Philip Durkin. All members voting Aye. Motion carried.

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    Town of Santa Clara
    80 County Route 46  ·  Saranac Lake, NY 12983
    Phone: 518-891-6240  ·  Email: info@townofsantaclara.com
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