4-B    LEGAL NOTICES

1.    Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 580 HARLEM ROAD, BEING PART OF LOT NO. 134, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR A MULTI-FAMILY DWELLING" in the Town of West Seneca, be received and filed.          (People, Inc.)

Ayes: All

Noes: None

Motion Carried

Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.

Ayes: All

Noes: None

Motion Carried

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its February 20, 2002 meeting, the Planning Board recommended approval of the request for a special permit for property located at 580 Harlem Road, being part of Lot No. 134, changing its classification from R-60A to R-60A(S), for a multi-family dwelling, conditioned upon the following: 1) cutting back the fence along Bradford Street to within ten feet of the front of the building to comply with the ordinance; 2) no permits being granted until appropriate variances are received from the Zoning Board of Appeals with regard to the 23.72' side yard to the west; 3) submission of a detailed landscape plan referencing trees along the property lines, and any tree removed should be replaced in kind; 4) an increase in the sewer easement from 10 to 20 feet; 5) an extension to the fence along the west property line in compliance with the Zoning Ordinance to screen the parking areas; 6) widening of the sidewalk adjacent to the parking area from five feet to six feet."

Rhonda Frederick represented People Inc., 1219 N. Forest Road, Williamsville, and stated that all the conditions imposed by the Planning Board had been satisfied. People, Inc. proposed to build a six-unit apartment building for eight developmentally disabled adults who were higher functioning and capable of living in an apartment setting with some assistance. There would be four single apartments, two double apartments and an office that would be staffed 24 hours a day. They would probably work during the day in either a supported employment job or workshop. A van would be available for transportation to shopping or recreational activities and some would use public transportation. Ms. Frederick had met with representatives from West Seneca Fire District No. 1 to address their concerns about the project and most of them were satisfied. People Inc. was a non-profit organization exempt from town, county, highway and school taxes, but they were not exempt from special district taxes, water, sewer and fire protection.

4-B    LEGAL NOTICES

1.    (continued)

Supervisor Clark referred to a letter dated March 7, 2002 from Wm. Schutt & Associates advising that the design plans had been modified in accordance with the Planning Board's recommendation.

Patricia Vittar of Wm. Schutt & Associates, 5360 Genesee Street, stated that she had mailed four sets of the revised site plan and landscape plan to Supervisor Clark on Friday, but he had not received them. Ms. Vittar presented a copy of the revised site plan and landscape plan to the board members for their review.

Mr. Greenan reviewed the conditions of the Planning Board and noted that the revised plans indicated the following: 1) the fence that extended into the front yard was removed; 2) a variance was granted at the November 28, 2001 Zoning Board meeting reducing the rear yard setback to 23.4' along the westerly property line; 3) the landscape plan was revised to show the location of existing trees and a total of seven poplar trees would be removed with 14 new plum, ash, maple and pine trees replacing them along with 16 bushes; 4) the sewer easement was increased from 10' to 20'; 5) the fence along the west property line was extended to the corner to completely screen the parking area; 6) the sidewalk along the parking area at the south of the building was increased from five feet to six feet.

Councilman Osmanski questioned the 250-watt lighting and what type of fence would be constructed.

Ms. Vittar stated that 250-watt lights would be mounted 25 feet high and directed downward, but the wattage and mounting height could be reduced if required. The fence would be 5½' high board-on-board cedar.

Ms. Frederick noted that there would also be entryway lights and a light on the door for security purposes. They would be sensitive to the neighbors with regard to lighting.

Councilman Osmanski suggested that the mounting height of the 250-watt lights be lowered to 14 feet. He also expressed concern that the fence be maintained.

Ms. Frederick stated that they would keep the fence maintained and noted that they were surveyed twice a year by the NYS Office of Mental Retardation and Developmental Disabilities for their physical plan and their programs.

Councilman Osmanski questioned the location of the dumpster.

Ms. Vittar indicated the location of the dumpster on the plans and noted that it would be screened.

Councilman Osmanski expressed concern over the potential for snow accumulation near the dumpster and suggested relocating it next to one of the parking spaces at the end of the driveway.

Carroll Zimmerman, 577 Harlem Road, opposed the project and stated that the Winchester community already had four or five other properties with tax-exempt status. He did not believe the project benefited the Winchester community or the Town of West Seneca.

Raymond Hahn, 595 Harlem Road, stated that Ms. Frederick had promised to send some of the residents of the area copies of the plans, but no one received anything from her. He questioned the ingress and egress to the project and did not believe there was enough room for a driveway on Harlem Road. Mr. Hahn expressed concern over maintenance of the property and snow removal and storage.

Councilman Osmanski stated that the plans showed that People Inc. had either purchased or had an option for 100 feet of access on Harlem Road. The driveway was 30 feet and the radius to Harlem Road was about 60 feet, so the width was proper.

Attorney Tracy Harringer, 1 Audubon Pkwy., Amherst, represented People Inc. and advised that the NYS Department of Transportation had given their verbal approval of the curb cut and would be issuing a formal letter shortly.

4-B LEGAL NOTICES

1.    (continued)

Dennis Kittner, 220 Emporium Avenue, represented West Seneca Fire District No.1 and stated that the fire commissioners met with People Inc. last week to have their concerns addressed. The safety issue with having the driveway on Harlem Road was one concern; however, Ms. Frederick informed them that this was not her first choice, but they were not able to put the driveway on Bradford Street. The commissioners were also concerned with the tax-exempt status, but the project would not be exempt from paying fire district taxes.

Jeanette Mattucci, 585 Harlem Road, questioned the tax-exempt status of the project and who would eventually pay for it since the property would be removed from the tax rolls. She was opposed to the project if it would result in an increase in her taxes.

Supervisor Clark responded that the project would be tax-exempt, so People Inc. would not have to pay town, highway or school taxes.

Councilman Wroblewski stated that People Inc. recently acquired a home on Sky Hi Drive, near his home. The tax-exempt status was also a concern of the neighbors in that area since the State of New York was saving a lot of money by de-institutionalizing the residents and putting them in residential homes that then became tax-exempt. Councilman Wroblewski stated that the West Seneca Town Board publicly supported a bill in the NYS Senate requesting payment in lieu of taxes for properties like this.

Mr. Harringer stated that the parcel of property at 580 Harlem Road was a vacant piece of land and was only assessed at $38,400. Upon completion of the project, the assessment would increase and the special districts would actually see more tax money from the parcel than the vacant land. Mr. Harringer further noted that the facility would not place any additional burden on the schools and limited burden on other town services.

Councilman Wroblewski understood that the special districts would realize more money from this project than from the vacant land, but noted that the parcel had the potential to have something built that would contribute a lot more.

Mr. Greenan stated that the Town Board was somewhat limited as to their decision on this project because only a special permit was required. However, the special permit gave the board the ability to place certain restrictions on the project that would make it more in harmony with the adjoining neighborhood.

Supervisor Clark agreed and stated that it would be very difficult to deny the project, and if they did, it would probably end up in court. If that happened, the Judge would rule and may not impose any restrictions to protect the neighborhood.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to close the public hearing.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a special permit for property located at 580 Harlem Road, being part of Lot No. 134, changing its classification from R-60A to R-60A(S), for a multi-family dwelling, subject to the Planning Board stipulations outlined in their letter dated February 28, 2002 and in accordance with the plans dated March 5, 2002.

On the question, Supervisor Clark requested that Ms. Frederick initial the lighting modification on the plans. He commented that neighbors were often afraid of the unknown, but the technical concerns were addressed with regard to snow storage and the curb cut on Harlem Road. Supervisor Clark thought the Planning Board did a good job in trying to get the project into the neighborhood as least intrusively as possible and People Inc. had a good reputation with excellent supervision. He further requested that Ms. Frederick forward a copy of the project's plan to the residents as promised.

4-B    LEGAL NOTICES

Councilman Wroblewski stated that there were several concerns in his neighborhood when People Inc. located on his street. All the questions were directed to him and he dealt directly with Ms. Frederick. Councilman Wroblewski stated that all the promises made by Ms. Frederick were kept and any concerns were addressed very quickly. His experience with People Inc. in his neighborhood was a positive one. The house was maintained in excellent condition and he found that property values tend to increase in neighborhoods where they were located.

Councilman Osmanski realized that the Harlem Road area had a proliferation of this type of facility, but stated that People Inc. and the other facilities in the area kept their properties looking very nice. He thought the buildings added to the appearance of and actually benefited the neighborhood.

*APPENDICES*

2.    Motion by Supervisor Clark, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 1560 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 396, CHANGING ITS CLASSIFICATION FROM C-2(S) TO C-2(S), FOR SEVEN 6-UNIT APARTMENT BUILDINGS" in the Town of West Seneca, be received and filed.          (Woodbridge Construction Group, Inc.)

Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.

Deputy Town Attorney Bill Bond read the recommendation of the Planning Board: "At its February 20, 2002 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1560 Southwestern Blvd., being part of Lot No. 396, changing its classification from C-2(S) to C-2(S), for seven 6-unit apartment buildings, conditioned upon the following: 1) compliance with provisions of the Tree Ordinance prior to the issuance of any building permits; 2) the water line and sewers should be carried out as described at the Planning Board meeting."

Attorney Ralph Lorigo, 101 Slade Avenue, represented Dennis Boyle of Woodbridge Construction Group and stated that this same project was approved in 1998; however, because of the time it took to complete the engineering and some of the problems with the water line and sewer line, the special permit expired. Previous to that, a townhouse project was approved for the site, but the density for the townhouses was greater than that of the apartment complex.

Councilman Osmanski noted that the Tree Ordinance was now in effect and questioned how Mr. Boyle intended to comply with it.

Mr. Lorigo responded that there were a lot of trees on the property and Mr. Boyle had ordered a tree survey, so every tree four inches or larger in diameter would be located. Trees would be removed for construction, but Mr. Boyle would comply with the ordinance with regard to replacement.

Councilman Hicks commented on the new YMCA, the new church across the street, and the new Ismailia Temple building and questioned if the sewer system would be adequate and if all the requirements had been met.

4-B    LEGAL NOTICES

Town Engineer George Montz responded that his department had completed one review, but they did not have final approval of the engineering. The watermain issue was resolved with Orchard Park and they would be allowing water service across the street. The sewer service for the proposed project would be a gravity sewer from the complex, through the right-of-way, to a manhole located on the corner of Leydecker Road and Southwestern Blvd. where it would then flow down Leydecker Road. Mr. Montz did not believe the sewer would be a problem in this area, but a small pump station would have to be installed to get to the sewer.

Mr. Lorigo stated that Mr. Boyle had received comments back from Mr. Montz after the first submission of the plans and they would be addressed and resubmitted.

Building Inspector Bill Czuprynski noted that the bulk area requirement for the proposed project was 231,000 sf, but only 196,000 sf was being provided. An application was made to the Zoning Board of Appeals for a variance for the 34,980 sf shortage.

Councilman Osmanski commented that Mr. Boyle was proposing a garage for each of the apartment units, so this used up a lot of the bulk area. If Mr. Boyle were to eliminate the garages and just have a parking area, the bulk area would increase but the value of the apartment complex would decrease.

No comments were received from the public.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the request for a special permit for property located at 1560 Southwestern Blvd., being part of Lot No. 396, changing its classification from C-2(S) to C-2(S), for seven 6-unit apartment buildings, conditioned upon compliance with the Planning Board stipulations outlined in their letter dated February 28, 2002.

*APPENDICES*

The board recessed for five minutes.

4-C    COMMUNICATIONS

1.    Supervisor Clark re Grant application to New York Council for the Humanities

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize Supervisor Paul T. Clark of the Town of West Seneca to apply to the New York Council for the Humanities for $44,520 to implement a Historic West Seneca Tour Program, noting that the town will match grant funds with $188,000 in in-kind goods and services.

On the question, Supervisor Clark stated that this program would utilize both the town and Burchfield Art Center's remote learning laboratory to coordinate historic tours. He further noted that there would be no expense to the town that would not have otherwise been spent through normal budgeting.

4-C    COMMUNICATIONS

2.    Supervisor Clark re Appointment of Kathleen Kotecki as Marriage Officer

Motion by Supervisor Clark, seconded by Councilman Osmanski, pursuant to Domestic Relations Law, Section 11-C, to appoint Kathleen M. Kotecki as Marriage Officer for a four-year term with the authority to solemnize marriages occurring within the Town of West Seneca, noting that there will be no remuneration from the town.

3.    Town Attorney re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $1851.64 to Dell Marketing L.P. for a Dimension 8200 Series computer.

4.    Deputy Town Attorney re Cambridge Avenue easement

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize the Supervisor to execute an easement for the 20' wide sanitary sewer to Belmont Shelter Corporation, which is located adjacent to Belmont Shelter's senior citizen complex along the west right-of-way known as Cambridge Avenue (paper street).

5.    Town Engineer re Park Lane/Gervan Drive Reconstruction Project, change order #1

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve change order #1 for NC Contracting Inc., 3689 California Road, Orchard Park, NY 14127 for an additional $6657.15 for performing extra work on the Park Lane/Gervan Drive Reconstruction Project, Job No. G-9707.

6.    Town Engineer re Burchfield Park Improvements Project, final acceptance

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the Burchfield Park Improvements Project, Job No. B-9902, completed by C.H. Byron Co., Inc., 100 James Avenue, Tonawanda, NY 14150 at a final contract amount of $660,138.07.

On the question, Councilman Osmanski questioned if Town Engineer George Montz was satisfied with the repairs that were made to the roof and if all the trees had been replaced.

Mr. Montz responded that all the remedial roof work was done and he was not aware of any problems this year. There were still some drywall repairs that needed to be done, but they were not related to the roof problem. C.H. Byron had repaired or replaced the drywall that was damaged from the roof leaking. Mr. Montz further stated that all the trees were replaced except for one and that would be taken care of in the spring.

Supervisor Clark abstained from voting on this motion because C.H. Byron was a client of an accounting firm that he had a financial interest in.