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Town of Pembroke

August 13, 2021 - 5:49pm

And then there was one.

The Pembroke Town Board on Thursday night voted, 5-0, to sign an amended water supply agreement with Genesee County, leaving the Town of Darien as the lone municipality not to opt in to a contract that would set the stage for $10 million in sales tax distribution from the county to its towns and villages over the next 38 years.

“We felt that it was more important to secure sales tax funding than to hold out on the water agreement,” Pembroke Town Supervisor Thomas Schneider Jr. said. “In good faith, we believed that it was best to mend some fences with the county.”

In a previous story on The Batavian, Schneider indicated there were some hard feelings over the way water agreements were handled in the past, but the current board is willing to give county leaders the benefit of the doubt – believing that the legislature will attain its goal of equalizing the water surcharge.

Schneider also said he talked to County Manager Matt Landers about the potential of “bumping up” the guaranteed sales tax money to be shared with the municipalities in light of the Village of Corfu (at the end of July) and Town of Pembroke opting in.

PEMBROKE MAKES COUNTEROFFER

“Hopefully, we are thinking that the $7 million in sales tax distribution could go to maybe eight or eight and a half million – based on having Corfu and Pembroke on board.”

Genesee County’s offer to distribute $10 million in straight sales tax revenue is contingent upon universal buy-in from its towns and villages.

Without that universal buy-in, the proposal is to distribute $7 million in annual sales tax revenue and an additional $3 million in other revenue on a periodic basis over the next 38 years.

Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Legislature Chair Rochelle Stein was asked if lawmakers would consider Schneider’s proposal to increase the guaranteed sales tax distribution.

Choosing her words carefully, she replied, “Here’s what I’m going to say: Let us do our work.”

“We have not met and we won’t until Monday. So, there’s a process that we follow and let us do our work. But, certainly, that suggestion is taken and welcomed.”

FIXING UNBALANCED TAX RATES

Currently, the county’s revenue sharing process has created a situation, per state law, where towns with villages inside them have to keep two separate books and have two separate tax rates – an A fund for townwide sales tax that affects everyone and a B fund for sales tax that only affects the services of taxpayers outside the village.

Stein said the legislature’s focus has been “to be able to direct that revenue sharing into the B funds of those towns and villages; that is our focus for this entire process. And, if we can find a way to get there together, that’s our goal.”

She previously explained that the $10 million figure that the county is committed to putting into the sales tax agreement would fix the unbalanced A and B tax rate.

When asked if she thought the Darien Town Board would change is mind and opt in, Stein said she that if it did reconsider, it would need to be mindful that the county has a timetable to adhere to “that is significant because our calendar has already started.”

The legislature’s Ways & Means Committee is expected to address the situation at its meeting this Monday, with the full legislature scheduled to vote on a distribution amount on Aug. 25.

“Plus, the City of Batavia has to do this at their meetings in September and the (New York State) Office of Comptroller needs 60 to 90 days and we already want to be able to distribute our third quarter payments (in October) as sales tax,” Stein advised.

“Time is not our friend right now,” she said. “But for those six towns that have the B funds or that have villages in their towns, it is truly meaningful for their more rural taxpayers to rebalance that property tax imbalance that is occurring right now for them.”

PURSUING WATER RATE EQUALIZATION

Landers said he was “happy” to learn that Pembroke passed the resolution.

“I know that they will be hopeful that the county as a whole, not just Genesee County but the towns, will remember this 5-0 vote when it comes time for the equalization of the retail water rate charged by the Monroe County Water Authority,” he said.

“The county can recommend an equalized retail rate and, again, I’m certain that Pembroke is hoping for a spirit of cooperation seeing that they agreed to sign this agreement because they know it is best for the county as a whole.  It is in everyone’s best interest to have an equalized rate because it allows for the free flow of water a little easier between the center and western parts of the county.”

Landers explained that the original agreements with towns and villages dating back to the early 2000s each had “little nuances in them,” with different considerations.

“When the county took over individual water systems, the county water fund would make some compensation sometimes for that,” he said. “For example, we paid off some of the debt of the Corfu water plant for that village. All of the amended water supply agreements that the county have undertaken over the last three or four years have been uniform; we wanted to make sure that they’re all the same.”

The new agreements allow for the county, with proper notification and justification, to increase the surcharge above 60 cents (per 1,000 gallons). The original agreements were frozen at 60 cents but since then, the later agreements raised it to $1.20 to pay for Phase 2 of the Countywide Water Supply Project.

CLEANING UP THE LANGUAGE

The county manager said one of the sticking points was the county removing erroneous language in the initial agreements that guaranteed supplying water to the municipalities.

“It’s erroneous in the sense that the Monroe County Water Authority, in our agreement with them, can’t guarantee us water; there are things that can happen,” he said. “It is difficult for us to guarantee something that’s not guaranteed to us.”

He said that changes had to be made “because we need water to pay for water.”

“When we go to Phase 3, 4, 5, 6 and 7 (of the Countywide Water Supply Project), if there needs to be an increase (in the surcharge) to pay for the debt service, there needs to be a way to pay for it,” he said, adding that 20- to 30-year cash flow projections – including the retirement of some debt service -- indicate that the surcharge should not increase that much, if at all.

Landers said that he continues to speak to Darien Town Supervisor Steve Ferry Jr. about his board’s decision.

“If Darien passed a resolution next week and they signed the water agreement, it is possible that the amount in the resolution on the floor of the legislature on August 25th could be amended to be increased to $10 million,” he said. “I still have hope that we can find a path forward so that we can share the full $10 million in sales tax, and have everyone on the same water supply agreement.”

Asked if Ferry has sought concessions from the county, understanding that Darien has been paying more for water than other towns and villages, Landers would not go there.

“I don’t want to get into the subject of proposals back and forth,” he said. “I want all of that to be discussed between him and I, and our legislature and his board.”

Previously: Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

August 9, 2021 - 8:51am

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

July 12, 2021 - 11:08am

Governmental leaders in the towns of Darien and Pembroke and Village of Corfu say they will be putting their heads together to determine how to proceed in connection with Genesee County’s new sales tax and revenue distribution proposal.

“We will be having a discussion in the coming days,” said Pembroke Town Supervisor Thomas Schneider Jr. this morning as he contemplates the pros and cons of the county’s offer to either share a fixed $10 million in sales tax revenue with towns and villages, or a combination of sales tax and other revenue over the next 38 years.

As indicated in a story on The Batavian on Friday, Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein presented their plan to town supervisors and village mayors last Wednesday at a meeting at the Old County Courthouse.

The amended strategy currently boils down to two options:

  • The first one being a $10 million annual distribution of sales tax revenue, contingent upon all the county’s towns and villages opting into an updated water supply agreement by mid-August;
  • The second one being that without universal update water supply agreements, the county would allot $7 million in annual sales tax distributions and pass annual revenue distribution resolutions for another $3 million – minus water surcharges to the municipalities that do not opt in.

Darien, Pembroke and Corfu have yet to agree to the revised plan.

Schneider, noting that the Town of Pembroke is proactive in “generating as much new business growth as possible,” said it is vital for his town to receive as much as possible in sales tax and/or revenue sharing.

“However, I don’t really like the fact that it’s a locked amount for 38 years,” he said. “With that, we don’t get to share in the growth, and we do include sales tax revenue in our budgets. We really don’t have a lot of power since we can’t collect sales tax.”

He said he also would like to see changes in the county’s Smart Growth plan, mentioning situations where some property owners are unable to hook into nearby water lines.

Schneider did acknowledge that the county is open to sharing more revenue over that period of time if conditions allow.

“I would think that if the county keeps more sales tax, then it would lower the tax rate or share more with the towns to take pressure off of the taxpayers,” he said, adding that Landers and Stein are scheduled to talk with Pembroke Town Board members at their workshop on July 22.

Darien Town Supervisor Steve Ferry Jr. mentioned that over the past 20 years, those three municipalities have been paying more for water than the other towns and villages due to the fact that the county has to buy water from Erie County “to supplement that because they can not move enough water efficiently through the county to get to us.”

“At this point in time, we’re paying $1.14 more (per 1,000 gallons) than what the rest of the county is paying,” he said, adding that no action has been proposed to provide an equalization rate to Darien, Pembroke and Corfu.

Ferry said that stabilization of the water rate would go a long way toward the Darien Town Board signing the new agreement.

“But as it stands, the agreement is a little tilted unfairly for the western side of the county,” he said.

Stein said that she spoke with Ferry over the weekend to clear up any misconceptions that he may have had.

“In a sales tax agreement, a distribution has to be straightforward and there can be no reductions to make the county whole for that water surcharge. There’s no allowance for that in a sales tax agreement per the (state) Comptroller,” she said.

As far as the $3 million figure set aside for voluntary revenue sharing based on the taxable assessed value of all the municipalities, Stein said that amount ensures there will be enough to secure the water surcharge from Darien, Corfu and Pembroke and the growth going forward for 38 years.

Stein said the county has to make sure it can make the debt payments on the bond due to the Monroe County Water Authority for bringing more water into the county as “unfortunately, there are still areas in our county that do not have access to public water.”

She said the most important aspect of the plan is that the county and City of Batavia are open to bringing towns and villages back into the sales tax agreement.

“This means that they have, for 38 years, a foundation of funding for their communities that currently they do not have,” she said. “This is a big win for every single town and village, and it allows for flexibility far forward into our future.”

Previously: Genesee County leaders present plans to distribute $10 million in sales tax/other revenue to towns and villages

June 25, 2021 - 2:34pm

LEGAL NOTICE

At a meeting of the Town Board of the Town of Pembroke, held at the Town Hall in said Town of Pembroke, County of Genesee, State of New York on the 24th day of June, 2021.

PRESENT:

Thomas Schneider, Supervisor

Kathleen Manne, Councilperson

Thomas Dix, Councilman

Edward ll Arnold, Jr., Councilman

K. Warren Clark, Councilman

ORDER CALLING

PUBLIC HEARING

In the Matter of The Establishment of Water District #4           

in the Town of Pembroke, 

Genesee County, New York under Town Law Article 12-A.

WHEREAS, A map, plan and report have been prepared in a manner and detail as determined by the Town Board of the Town of Pembroke, regarding the establishment of a proposed   Water District No. 4 in the Town of Pembroke.

June 25, 2021 - 2:33pm

LEGAL NOTICE

At a meeting of the Town Board of the Town of Pembroke, held at the Town Hall in said Town of Pembroke, County of Genesee, State of New York on the 24th day of June, 2021.

PRESENT:

Thomas Schneider, Supervisor

Kathleen Manne, Councilperson

Thomas Dix, Councilman

Edward Arnold, Jr., Councilman

K. Warren Clark, Councilman

ORDER CALLING

PUBLIC HEARING

In the Matter of

The Establishment of Water District #5 (Pratt Road) in the Town of Pembroke,

Genesee County, New York under Town Law Article 12-A.

WHEREAS, A map, plan and report have been prepared in a manner and detail as determined by the Town Board of the Town of Pembroke, regarding the establishment of a proposed Water District No. 5 in the Town of Pembroke.

June 25, 2021 - 12:01pm

LEGAL NOTICE

TOWN OF PEMBROKE

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD OF THE TOWN OF PEMBROKE, NEW YORK

TO CONSIDER ADOPTING PROPOSED LOCAL LAW # 1 of 2021 ENTITLED, “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Pembroke, New York on the 8th day of June, 2021 at 6:00 P.M. at the Pembroke Community Center, 116 East Main Street, Corfu, NY 14036, will propose Local Law No. 1 of 2021, entitled “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”, as summarized as follows:

LOCAL LAW NO. 1 OF THE YEAR 2021 OF THE TOWN OF PEMBROKE

A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW

The Land Separation Local Law of the Town of Pembroke known as Local Law No. 3 of 2003, is hereby amended by Local Law No. 1 of 2021 as follows:

March 20, 2020 - 2:20pm
posted by Billie Owens in Town of Pembroke, news, COVID-19, State of Emergency.

Public Notice

A State of Emergency is hereby declared in the Town of Pembroke, New York for a period of five days beginning at 5 p.m. today -- March 20, 2020 -- with possible extension if needed.

The State of Emergency has been declared due to the continuing nationally declared state of emergency, the New York State declared state of emergency, and the County of Genesee declared state of emergency due to the COVID-19 novel coronavirus.

Such conditions threaten or imperil the public health or safety of the citizens of this municipality.

As Chief Executive of this municipality, I have exercised the authority given to me under New York State Executive Law 24, to preserve the public safety and hereby render all required and available assistance vital to the security, well-being and health of the citizens of the Town.

Town offices are hereby closed to the Public and all nonemergency functions will be postponed. A drop box will be made available outside the Town Hall for the public to drop off important business.

The scheduled three-year assessment revaluation has been postponed until 2021.

Town meetings scheduled for next week are canceled.

For the duration of the State of Emergency, Town employees are being directed to work from home to the extent practicable and can access email and phone messages from home.   

Town Clerk, 585-762-4105, [email protected]

Please mail all payments/paperwork to: 1145 Main Road, Corfu, NY 14036. Receipts will be mailed back to you. All March and April Dog License renewals will have until May 31st to renew. Funeral Directors, please call to file a death certificate. If you need to renew a handicap permit, please call and one can be mailed out to you.

Town Assessor, 585-356-2150, [email protected]

Call for appointment.

Building and Zoning, 585-762-4108, [email protected]  

Town Court, 585-599-4817, ext. 5

Town Court will be CLOSED until further notice. Please call with questions.

Town Supervisor, cell 585-762-4107 or 585-409-8429, [email protected]

Please call with questions, concerns.

Highway Superintendent, cell 585-506-2690, [email protected]

Thomas C. Schneider Jr.

Town Supervisor

March 17, 2020 - 12:39pm
posted by Billie Owens in Town of Pembroke, COVID-19, news.

Pembroke Office Policies until further notice

Following orders issued by Governor Cuomo’s Office beginning Wednesday, March 18th the Town of Pembroke Office’s will be CLOSED to the public until further notice. If absolutely necessary, appointments can be made by calling the offices. Essential employees will be in their office to check mail and email but will work limited office hours.

Town Clerk, 585-762-4105 [email protected]

The Lobby will be open from 9 a.m. to 1 p.m. to allow residents to drop off payments/paperwork in a designated drop box or can be mailed to 1145 Main Road, Corfu, NY 14036. Receipts will be mailed back to you.

All March and April Dog License renewals will have until May 31st to renew. Please call to make an appointment to file a death certificate.

If you need to renew a handicap permit, please call and one can be mailed out to you.

Town Assessor, 585-356-2150 [email protected]

Call for appointment.

Building and Zoning, 585-762-4108 [email protected]  

Permits will still be issued but please call for an appointment. Some inspections may be handled via photograph or on site with limited personal interaction.

Town Court, 585-599-4817, ext.5

Town Court will be CLOSED until further notice. Please call with questions.

Town Supervisor cell 585-762-4107 or 585-409-8429 [email protected]

Please call with questions, concerns, or for an appointment.

The following meetings are cancelled:

  • ZBA Meeting on March 18th,
  • Planning Board Meeting on March 25th
  • and Town Board Meeting on March 26th.

A couple other reminders, the Burning Ban is in effect from March 15th to May 15th.

Brush pickup will commence the last two weeks in April or beginning of March dependent on the weather and COVID-19.

Tom Schneider, Town of Pembroke, Town Supervisor

May 22, 2013 - 12:58pm

I attended the Town of Pembroke Zoning Board of Appeals meeting on Wednesday, May 17, 2013. One of the items on the agenda was in regard to a permit granted to Mr. Jeffrey Humel for his converted multi-apartment building located at 1633 Indian Falls Road in Corfu. Jeffrey Humel, who is already operating under a special use permit what was supposed to be a “storage only” business at this location, has now not only converted an old nursery warehouse into a 3-unit apartment building, but has allowed families to occupy two of those units without the proper permits or certificate of occupancies. When the Town of Pembroke became aware of the multi-family units and that they were occupied they notified Mr. Humel that he was not in compliance with town code and that he needed to remedy the violations. The town Zoning Enforcement Officer issued a "Notice of Eviction" to both tenants residing in two of the apartments.

Since then, a certificate of Occupancy has been issued to Mr. Humel so he could rent out one (1) apartment. Mr. Humel then allowed one of the tenants that were evicted before to move back in.

Using definitions found in the Town of Pembroke’s Zoning Law, a neighboring property owner’s attorney explained to the board the difference between a single unit dwelling and a multi-family dwelling. He also reminded them that since the principal use of the property is already operating under a special use permit, the town zoning law only allows for a single unit apartment not a multi-family dwelling. The board gave me the impression that it must not understand what the law means. Numerous times Board member David Sabato questioned the attorney’s statement about what the difference is between single-family and multi-family. A couple of times, the attorney stated it is in black and white and Mr. Sabato could follow along on the copy that he (the attorney) made for each board member to read. Zoning Board Chairman Nathan Witkowski raised the question as to whether or not there were multiple units in the building (Prior to this statement, Chairman Witkowski held up the layout plans for the build where everyone in the meeting could see the 3 units). He said it was “too bad that someone wasn’t there to represent Mr. Humel”. (Mr. Humel has a history of not showing up at previous board meetings to answer violations and issues.) Thankfully, Mr. Charles Reid, the issuing Zoning Enforcement Officer, was able to make it to the meeting. Mr. Charles Reid was the ZEO who issued the Certificate of Occupancy this spring and he was able to validate for everyone at that meeting, including Mr. Nathan Witkowski, that in fact there are three (3) separate apartment units in the old nursery building. He reported that he had been at the location a number of times, he inspected each unit and he signed the Certificate of Occupancy for apartment “B.” It became rather obvious that the board was not happy about admitting that there were 3 separate apartment units in Mr. Humel’s converted warehouse building, particularly when Board member Terrance Daniel said that all Jeff has to do is “knock out a wall between the apartments or put a connecting door between them and then they could fall under code as a single unit apartment.” After being asked again, Zoning Enforcement Officer Mr. Charles Reid reiterated that he indeed had inspected the inside of the made over building and there were in fact three (3) separate apartment units in it.

I got a very strong message that the members of the Zoning Board of Appeals were all in favor of allowing Jeff Humel to continue operating the multi-unit apartments along with his multi-commercial businesses even though this type of activity is not allowed in an agricultural/residential area per town zoning laws.

The board seemed reluctant, but the certificate of occupancy was rescinded by a vote of 3 – 2. David Sabato and Richard Doktor both voted "nay" while Terrance Daniel, Ronald Kasinski and board chairman Nathan Witkowski all voted "aye."

The Town of Pembroke has allowed Jeff Humel, dba Creekside Septic, Mike’s Roll Offs and Creekside Rentals (which includes rentals of port-a-johns and closed storage units) to operate multi-commercial businesses in an agricultural / residential zoned district since 2008. Not only are commercial businesses not allowed on secondary roads by town law, but it has aggrieved neighboring property owners as well. And now he wants to add apartments!

For complete documented information, please go to www.crlowder.com/pembroke/

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