Village Of Sackets Harbor
 Minutes 

September 13, 2017: 2017 09-13 Village Board of Trustees Meeting Minutes Final

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Village of Sackets Harbor Board of Trustees September 13, 2017

Regular Meeting 112 N. Broad St.

Sackets Harbor, NY 13685

 

Present: Mayor Vincent Battista, Deputy Mayor Barbara Boulton, Trustee Dan Frechette, Trustee Molly Reilly, Trustee James Bray. Also present: Jim Yuhas, Treasurer.

The Meeting was called to order at 6:30 pm with the Pledge of Allegiance.

 

REVIEW OF MINUTES

The Minutes from the August 8, 2017 meeting were approved as presented in a motion made by Trustee Bray, seconded by Deputy Mayor Boulton. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

The Minutes from the August 15, 2017 meeting were approved as presented in a motion made by Trustee Reilly, seconded by Trustee Bray. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

MAYORS  REPORT

The monthly DANC report was made available to the Board. A thank-you letter was received from the Hay Memorial Library for use of the Village Hall for a fund raiser. A thank-you was also received from the Battlefield and the Goulbourn Museum for the Peace Garden plaque dedication. The appraisal report of the former Augsbury Oil property is available in the Village Office for anyone who is interested.

 

OLD BUSINESS

The minutes from the pre-constmction meeting for the Water Tower Project were distrbuted to the Board.

Deputy Mayor Boulton raised concerns regarding the Military Cemetery Committee not clearing policies with the Village Board. Due to the rules set by the Committee not being approved by the Board, a motion to reimburse the family of the recent burial $100.00 and send a letter to the local funeral homes that were notified of the changes to ignore these changed rules and follow the old rules until further notice. The motion was made by Deputy Mayor Boulton and seconded by Trustee Reilly. Vote 4 ayes (Boulton, Frechette, Reilly and Bray), 1 nay (Battista)

 

PUBLIC COMMENT

The meeting was opened for public comment at 6:41 pm

Maggie Waggoner, 333 E Main St, reported that she has been a frequent visitor to the Military Cemetery and would like to congratulate the people that have been working there for its nice appearance.

Diana Woodhouse, 201 Bayard St, as an adjoining property owner, spoke against the application by the Brays for the use of Buckley Alley as their access to their new house on W Washington St. (letters are attached)

 

 

Village of Sackets Harbor Board of Trustees

Regular Meeting September 13, 2017

Page 1 of 3


 

Lori Gervera, a representative from the Realty Company currently marketing the property at 201 Bayard St, expressed her concern that she has been showing the property referring to the alley as the Village Right of Way. Allowing the Brays to install a driveway would change the esthetics of the property.

Margaret Thomas, 207 Bayard St, spoke against the Bray application.

Jim Leven, 203 Bayard St, also spoke against the Bray application stating that one of the reasons he purchased here was because of the park-like appearance. Allowing this would change the whole neighborhood.

Paul Windover, 203 General Smith Dr, spoke about the application from Dr Poggi on General Smith Dr that was denied for a similar use as the one being proposed by the Brays.

Robert Bogden, 214 General Smith Dr, reported that there are 2 potholes in front of his house that he would like someone to fix.

Public comments were closed at 6:54 pm.

 

NEW BUSINESS

The application was received for the haunted walk, a fund raiser for the school. They would like the use of the Municipal Building. This was approved in a motion made by Mayor Battista, seconded by Deputy Mayor Boulton. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

The application from James and Mandy Bray requesting use of Village owned property, Bucldey Alley, as access for their property at 211 W Washington St was reviewed after Trustee Bray recused himself. Mandy Bray and their Attorney, Robert Bogden, were present. The application was tabled until the next meeting with a request for more.information including a survey, the specific length and width, grading, disturbance of the area and materials used. The Village Attorney will be consulted.

 

TRUSTEE REPORTS

Deputy Mayor Boulton reported that the 18.12 run was a great success. The Marketing Committee is making plans for next year. They received information from the TI Council that a traveler influencer was in our area. This influencer has over 600,000 followers.

A motion was made by Deputy Mayor Boulton and seconded by Mayor Battista to approve the Marketing Committee advertising bill for the Fall Fun Guide of $312.50. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

Trustee Frechette reported on the receipt of the appraisal repott of the LDC propert y. He also reported  on the Article 10 application and said information on the project could be found at GalloolslandWind.com


h.

 
Trustee Reilly reported on the "Sackets Under the Stars" outdoor movie event on August 251

The


Chamber of Commerce is working on marketing strategies for the 2018 season as well as plam1ing for the Harvest Fest on October 8th and the upcoming holiday events. She congratulated Kelli Ritz and the volunteers at the Pickering Beach Museum on the successful new strategy of a "Front Porch" invitation to those passing by to visit the Museum.

Trustee Bray reported that he will be in contact with Kelly Reinhardt regarding potential tree plantings.

 

Village of Sackets Harbor Board of Trustees

Regular Meeting September 13, 2017

Page 2 of 3


 

TREASURER'S REPORT

The Treasurer's report was approved in a motion made by Trustee Frechette and seconded by Deputy Mayor Boulton. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

The bills listed in the Record of Claims with Vouchers 100272 through 100382 were paid in a motion made by Trustee Reilly and seconded by Trustee Bray. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

DEPARTMENT HEAD REPORTS

Lonny Reinhardt, DPW Superintendent, reported that the water tower painting project is progressing well and needs another 3-4 days for the preliminary work. Milling on Ambrose St has begun to prepare for repaving. The Village Clock parts will arrive in October and the work will be done inNovember. The trail has been sprayed for weed control.

Corey Reid, Bernier & Carr, reported that WD Malone will be back to finish up a couple of things on the Main St. Project. He also reported on the painting of the water tower.

 

PUBLIC COMMENT

The meeting was opened to the public at 8:35 pm

Jim Corbin, 104 Woolsey St, reported from the 1000 Island International Tourism Council that 80% of the businesses surveyed reported that the high water event negatively impacted their business.

John Deans, 120 N Broad St, recommends the Village Government do some research before an issue is discussed at the meetings.

Public comments were closed at 8:39 PM

 

A motion to adjourn the meeting was made by Deputy Mayor Boulton, seconded by Trustee Reilly at 8:39 pm. Vote 5 ayes (Battista, Boulton, Frechette, Reilly and Bray), 0 nays.

 

 

Minutes respectfully submitted by

 

 

 

Peggy Kelly Village Clerk

 

 

 

 

 

Village of Sackets Harbor Board of Trustees

Regular Meeting September 13, 2017

Page 3 of 3


 


 

 

 

 

 

 

Dear Mayor Battista;


Deborah W. Morrell 205 Bayard St.

Sackets Harbor, NY 13685

September 1, 2017


 

I am writing to you to express my concern and consternation regarding a neighborhood issue. I request that you share my concerns with the Village Board of Trustees prior tb the vote on the approval of site plans for a construction project on West Washington St. I  will be out of town and therefore unable to attend the meeting.

 

Recently an old house on West Washington St. was tom down and a new one is being erected. Quite by chance I heard a "4th hand rumor" that the garage on the new house was facing the rear of the property and that the owner planned to use what neighbors had

always thought was a village right of way as his driveway. Th,e driveway would be very

long and run right between two existing properties which border Bayard St. We felt sure that the rumor was untrue as itmade no sense. Upon some investigation one qf my neighbors found out that the vlllage had ..not approved his·plans,. yet the construction of

the house is proceeding rapidly. Apparently what we thought, and wer tpl., was a . . village right of way is actually a "paper street" on oid maps. That fairly sizeable area has

and

 
been maintained by the neighbor on the comer and by the owner of the bordering townhouse unit for over 10 years. The area always looks lovely                                        is home to a majestic old Chestnut tree, the only mature tree on that side of Bayard St. This driveway; being planned without approval, came as a total surprise to us. No input was sought by any village official, to our knowledge, on how this might affect our properties. No one objected to the owner's plan because no one knew! The townhouse unit on the end of my townhouse building is for sale. Itborders the "paper street." This may well affect its sale price as the driveway construction and the resulting esthetic impact would have to be disclosed prior to the sale. And that sale price could well affect how much the other three owners in our townhouse building could expect to get at sale, going by comparable value. The driveway would be very long and go the entire length next to the property lines to Bayard St. It is certainly a curious route for a driveway. So, not only do I have concerns, I have questions:

 

1].Can a citizen begin building in the village without the plans being forma!Jy·exa:i;nined and approved? ' . .         .                            .                      .     .             ...      '           .. '  .         '

2] If this atea of the·proposed driveway is a "paper streetthen it'is village ptoperty I ·

assume. Can a private owner pave village propertY and then call it' a driveway?

.                     . .


 

 

3]Jf it is a street then who else will it serve? Will the village extend Buckley Alley to Ambrose St. or will it stop at the entrance of one garage and only be for the convenience of that one property owner?

4] Ifthe village is contemplating selling and deeding that parcel then why haven't other property owners who have a vested interest been given that opportunity as well?

5] It is my understanding that the owner/builder is currently or has been a trustee and has, additionally, at some point, been a member of the planning board. Obviously he lmows the rules and procedures. Has there been or will there be an exception made for this person? Ifso, why? To design the home in such a way that the driveway will impact adjoining properties, without prior approval or notification to or input from neighboring owners, suggests to me ·that this owner is confident that approval for HIS project is just a necessary formality i.e. a foregone conclusion.

6] Final question: Why was this house designed in such a convoluted way when there could have been direct, non-controversial access to W. Washington St.? Isn't the entire point of having plans approved BEFORE construction begins, to address possible issues during a review process and to seek input from adjoining property owners who may be hanned, as is the case here?

 

Iam a rule follower. Ido not enjoy controversy in the slightest. But the way this has evolved 'is certainly diturbing.

 

Sackets is a wonderful community and I respect and applaud all who serve in decision malcing capacities. It is surely a tedious, thanldess job at times. But the decision whether or not to approve this project, which is well underway, must be based on the same rules that apply to ALL persons who would seek to build here regardless of who they are.

 

 

 


 

 

 

 

September 8,2017


RECEIVED VILLAGE OF

SEP 0 8 2017

SACl<F..TS

11/\RB<'R


 

 

To Mayor Battista and Members of the Sackets Harbor Village Board,

 

I am writing this letter in support of James and Mandy Bray's application to improve and use Buckley Alley. My family would also like to access the rear of our property at 207 W. Washington St. through the alley.

 

Sincerely,

 

 

 

 

Ivan Mart


 

Diana and Donald Woodhouse

 


 

 

 

 

Mayor Vincent Battista Board of Trustees

Village of Sackets Harbor


201 Bayard St.

Sackets Harbor, NY 13685 September 11, 2017


 

RE: NOTICE OF OBJECTION TO CONVERSION OF EASEMENT TO PERSONAL USE

Dear Mayor Battista and the Trustees of the Village of Sackets Harbor:

 

This letter is notice that, as immediately adjoining property owners, we vehemently oppose converting the easement adjacent to and across our property at 201 Bayard Street for the continual personal use of a newly constructed, single household on West Washington Street.  Our objection Is based on multiple factors, not least of which are the significant detrimental effect this action will have on the value of our property, interference with the peaceable enjoyment of our property, and the·impact on other adjoiners and the Bayard Street neighborhood as a whole. These factors are:

 

(1)  Inappropriate Use: This is an inappropriate use of a public easement for personal use. Creating a private driveway subject to continual,year-round use, for the benefit of a one (and only one)

homeowner at the expense of adjacent property owners and village taxpayers, violates the spirit and purpose of the easement.

(2) Interference with the peaceable en joyment  of our property:   The proposed driveway would pass very close to of our bedrooms, our patio, and directly along our yard and that of the other adjoining property owners (Linda and Joe McMahon).  In addition to personal vehicles, we anticipate that Mr. Bray, a building contractor, will drive and park trucks and construction vehicles in this area.

(3) Economic Harm: If approved, this conversion wlll fundamentally alter the visual appeal and measurably reduce the resale value (if not the general salability) of our property and also that of the neighboring townhomes (pegged to comparable value or "comps"). Beyond interfering with the peaceful enjoyment of our home and property, this action has very real and significant negative financial consequences to us and to our neighbors on Bayard and Washington Streets.

(4) Environmental Harm: The proposed private driveway is proximal to a storm water drainage basin and other water and sewer infrastructure. In light of the increasingly frequent and intense weather events the Village is already experiencing, grading, paving (or otherwise surfacing) the driveway and altering the landscape to accommodate this use poses potential environmental risks which, to our knowledge, have not been evaluated or considered.

(5) Public Safety: The required access is very close to a fire hydrant on Bayard Street. It has not been evaluated how this conversion would affect access to or function of that hydrant.                                 In addition to the growing pedestrian traffic on Bayard Street (due to continued development of Battlefield Commons), my handicapped and wheel-chair bound mother and the McMahon grandchildren use the area sought for this driveway.

(6) Environmental/Aesthetic  Damage: Construction of the proposed driveway will necessitate destroying a large, well-established, and very beautiful horse chestnut tree, which contributes to the beauty and character of our neighborhood and the Village.  It will also dramatically change the appearance of my yard which we have maintained for the past 11years.  There is


 

also a likelihood surfacing materials used to establish this driveway will wander into adjacent yards through use, heavy rain and snow removal. There is significant drifting of snow in the direction of the easement during the winter with the sustained winds off the lake. The ability to remove snow without pushing it onto my property or damaging the McMahon's fence is not possible.

(7) Cost to the Village and Taxpayers: It is unclear why residents and taxpayers of Sackets Harbor should pay for constructing, surfacing, and long-term maintenance (plowing) of a drive that would benefit only one household.  The full cost of long-term maintenance to insure the integrity, appearance and safety of the drive is unknown.

(8) Precedent: As adjoining property owners, with the property owners at 213 West Washington Street, we have carefully and conscientiously maintained the condition and appearance of the property in question for over 11years. At no time has the Village maintained or used this property.

(9) Limited benefit: The property/'alley'/easement in question Is not a through-alley. Occasional public access for necessary utility work Is one thing; permitting private, continued use as a personal driveway that will benefit one and only one household, is to the detriment of the

·    adjacent homeowners and the greater neighborhood.

 

In addition to these substantive bases for our objection, we have concerns about the manner in which this process has unfolded. To date, although we are immediately adjacent property owners, we have never been directly informed by Mr. Bray, the builder; we have never received official notice from the Village of this request; and our input on this Issue which directly affects us has never been elicited.

Nevertheless, the house in question is already well under construction, with the apparent tacit blessing of Village officials who a pproved siting and orientation without considering the impact on environmental,safety, access or other factors, and the negative impacts to adjoining property owners and Village taxpayers.

 

In sum, we object to and strenuously oppose this inappropriate use.  Mr. Bray has options on his own property which he can and should be required to be use. To presume approval without following due course, including open and transparent proceedings, is disrespectful to the citizens and taxpayers of Sackets Harbor. We ask that this request be denied and. that our neighborhood be preserved as it currently exists.

 

 

Respectfully submitted,

 

            

 


Diana Kenney Woodhouse 201 Bayard Street


Donald Woodhouse


 

 

 

Cc: Trustees Barbara Boulton, Daniel Frechette, Molly C. Reilly, James Bray


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Community Broadcasters, LLC

New York I Massachusetts I South Carolina

 

 

 

 

 

 

Mayor Vincent Battista Board of Trustees

Village of Sackets Harbor September 12, 2017

 

RE: NOTICE OF OBJECTION TO CONVERSION OF EASEMENT TO PERSONAL USE

Dear Mayor Battista and the Trustees of the Village of Sackets Harbor:

 

This letter is notice that, as immediately adjoining property owners, we vehemently oppose converting the easement adjacent to and across my building's property at 201/203 Bayard Street for the continual personal use of a newly constructed, single household on West Washington Street.  Our objection is based on multiple factors, not least of which are the significant detrimental effect this action will have on the value of our property, interference with the peaceable enjoyment of our property, and the impact on other adjoiners and the Bayard Street neighborhood as a whole. These factors are:

 

(1) Inappropriate Use: This is an inappropriate use of a public easement for personal use. Creating a private driveway subject to continual,year-round use, for the benefit of a one (and only one)

homeowner at the expense of adjacent property owners and village taxpayers, violates the spirit and purpose of the easement.

(2) Interference with the peaceable en joyment of our property:   The proposed driveway would pass very close to of our bedrooms, our patio, and directly along our yard and that of the other adjoining property owners (Linda and Joe McMahon).  In addition to personal vehicles, we anticipate that Mr. Bray, a building contractor, will drive and park trucks and construction vehicles in this area.

(3) Economic Harm: If approved, this conversion will fundamentally alter the visual appeal and measurably reduce the resale value (if not the general salability) of our property and also that of the neighboring townhomes (pegged to comparable value or "comps"). Beyond interfering with the peaceful enjoyment of our home and property, this action has very real and significant negative financial consequences to us and to our neighbors on Bayard and Washington Streets.

(4) Environmental Harm: The proposed private driveway is proximal to a storm water drainage basin and other water and sewer infrastructure. In light of the increasingly frequent and intense weather events the Village Is already experiencing, grading,paving (or otherwise surfacing) the driveway and altering the landscape to accommodate this use poses potential environmental risks which, to our knowledge, have not been evaluated or considered.

(5) Public Safety: The required access Is very close to a fire hydrant on Bayard Street. It has not been evaluated how this conversion would affect access to or function of that hydrant.                                In addition to the growing pedestrian traffic on Bayard Street (due to continued development of Battlefield Commons), my handicapped and wheel-chair bound mother and the McMahon grandchildren use the area sought for this driveway.


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Community B-ro-ad-cas-ters-, L-LC

 

'New York I  Massachusetts r  South Carolina

 

 

 

 

 

 

 

(6) Environmental/Aesthetic  Damage: Construction of the proposed driveway will necessitate destroying a large, well-established, and very beautiful horse chestnut tree, which contributes to the beauty and character of our neighborhood and the Village.  It will also dramatically change the appearance of my yard which we have maintained for the past 11years.  There is also a likelihood surfacing materials used to establish this driveway will wander into adjacent yards through use, heavy rain and snow removal. There is significant drifting of snow in the direction of the easement during the winter with the sustained winds off the lake. The ability to remove snow without pushing it onto my property or damaging the McMahon's fence is not possible.

(7)  Cost to the Village and Taxpayers: It is unclear why residents and taxpayers of Sackets Harbor should pay for constructing, surfacing, and long-term maintenance (plowing) of a drive that would benefit only one household. The full cost of long-term maintenance to insure the integrity, appearance and safety of the drive is unknown.

(8) Precedent: As adjoining property owners, with the property owners at 213 West Washington Street, we have carefully and conscientiously maintained the condition and appearance of the property In questio.n for over 11years. At no time has the Village maintained or used this property.

(9) Limited benefit: The property/'alley'/easement in question is not a through-alley. Occasional public access for necessary utility work is one thing; permitting private, continued use as a personal driveway that will benefit one and only one household, is to the detriment of the adjacent homeowners and the greater neighborhood.

 

In addition to these substantive bases for our objection, we have concerns about the manner in which this process has unfolded. To date, although we are immediately adjacent property owners, we have never been directly informed by Mr. Bray, the builder; we have never received official notice from the Village of this request; and our Input on this issue which directly affects us has never been elicited.

Nevertheless, the house in question is already well under construction, with the apparent tacit blessing of Village officials who approved siting and orientation without considering the impact on environmental, safety, access or other factors, and the negative impacts to adjoining property owners and Village taxpayers.

 

In sum, we object to and strenuously oppose this inappropriate use.  Mr. Bray has options on his own property which he can and should be required to be use. To presume approval without following due course, including open and transparent proceedings, is disrespectful to the citizens and taxpayers of Sackets Harbor. We ask that this request be denied and that our neighborhood be preserved as it currently exists.

 

Vince, lwould like to invite you to appear on WATN's tall< programs or on air on any of my other radio stations to discuss this issue which is clearly important to me, my enjoyment of the property and its ongoing value. This is an Issue of import to Sackets Harbor since once this happens once, it may happen again.

 

300 First Ave11ue, Suite 204, Needham, MA 02494 I T 781.247 .0740 F 617.335.0262 I www.commbroadcasters.com


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Community Broadcasters,  LLC

New York I Massachusetts  I South Carolina

 

 

 

 

 

 

 

 

 

 

Sincerely,

 

 

 

 

 

James L. Leven

 

 

 

 

 

 

 

Cc: Trustees Barbara Boulton, Daniel Frechette, Molly C. Reilly, James Bray



 

 

 

 

 

 


September 13,2017

 

To the Village Board Members and Mayor Vincent Battista,

 

I,James Bray, feel that I am the subject of mayor Vincent Battista's latest witch hunt. The village of Sackets Harbor has a meddling mayor that enjoys spreading gossip with no basis or merit, slandering people, and trying to create problems were there are none. The mayor is presently attempting to sully and tarnish my reputation as a contractor by starting and perpetuating false information that he has spread to all of our neighbors. He was informed several times by Jim Corbin, zoning officer that I had the correct permits and were in compliance with all zoning laws and county codes. Instead of telling concerned village residents this information or referring them to Mr. Corbin,the mayor instructs Mr. Corbin to "pull our permit". The mayo_r was then informed by Mr. Corbin that there is no legal reason to pull the permit. The mayor then continued to talk about me in ways that intended to harm

my reputation. I have sat quietly by and listened to the nonsense Mayor Battista is spreading,and will no longer accept this treatment from him. I strictly adhere to all zoning and building code laws, and have an outstanding reputation as a contractor for the past 35 years. I do not need to ask for a blessing or an "OK" from the mayor or village residents to construct a home on my property. I have followed all the rules and obtained all the permits necessary for this construction project. I have been straightforward from the very beginning with both adjoining neighbors as to my desire to use Buckley Alley to access the rear of my property. One neighbor was in favor, and other one said he would oppose it, that is his right. As it is my right to enjoy my property at 211W. Washington Street without being harassed by the village mayor.

 

Sincerely,

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