West Seneca Town Board Minutes 04/10/2006

6-B    LEGAL NOTICES

1.   Motion by Councilman Hicks, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING & SPECIAL PERMIT FOR PROPERTY LOCATED AT 2244 UNION ROAD, BEING PART OF LOT NOS. 22 & 23, CHANGING ITS CLASSIFICATION FROM M-1 TO R-50(S), FOR A 112-UNIT SENIOR CITIZEN APARTMENT COMPLEX” in the Town of West Seneca, be received and filed.             (2244 Union Road Properties)

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

Town Attorney Timothy Greenan read the recommendation of the Planning Board: “The request for a rezoning & special permit for property located at 2244 Union Road, being part of Lot Nos. 22 & 23, changing its classification from M-1 to R-50(S), for a 112-unit senior citizen apartment complex, was heard at the March 15, 2006 Planning Board meeting. No recommendation was given at the conclusion of the public hearing.”

Architect Daryl Martin represented the petitioners and stated that the number of units for the proposed three-story apartment complex was reduced to 100. A variance was required for the bulk area, but the petitioners felt they needed the additional units in order to make it cost effective since the project was not government subsidized.

Supervisor Clark understood there were concerns about the project from Union Fire Company and asked for clarification.

Mr. Martin responded that Union Fire Company wanted an access road into the courtyard of the building and by eliminating 12 units they were able to give them a more open area and a better access road. They were also willing to work with the fire company on hydrant locations or any other concerns. Mr. Martin further stated that there were currently four curb cuts on Union Road and this would be reduced to a single curb cut. The Planning Board had suggested a cross easement between the other properties for use of the driveway to keep the number of curb cuts down, and the petitioners were receptive to that suggestion.

6-B    LEGAL NOTICES

1.       (continued)

Mr. Greenan noted that the Planning Board’s motion was to deny the rezoning and special permit, but the vote was tied so no recommendation was given and no stipulations were mentioned. However, there were suggestions made during the meeting that should have been incorporated into the revised plan.

Deputy Town Attorney Paul Notaro referred to the revised plan submitted and stated that the front driveway was changed to allow a full 30-foot drive with one curb cut on Union Road rather than the existing four curb cuts. The configuration of the front turnaround was changed and the parking eliminated so the driveway on each side of the island was 20 feet. This would allow for easier access by heavy equipment, wheelchair vans, etc. Proper sidewalks were added to access handicapped parking in front of the building. The number of units was reduced to 100. A 25-foot full access road will circle the building and go into the “H” in the rear to allow fire company personnel to access the upper units with a ladder truck. Parking spaces were reduced from 152 to 145 along with 24 garages spaces and this was sufficient to conform to the Town Code.

Brian Doster, Chairman of the Board of Fire Commissioners for West Seneca Fire District No. 2 commented that these types of developments placed a high demand and heavy burden on the fire company. Senior living facilities had a high volume of calls and took a lot of time from the volunteers. Mr. Doster stated that Union Fire Company was close to answering 1000 calls annually and they did not have enough volunteers, so they might have to start paying people to be fire fighters and EMS personnel. If this happened he estimated that their budget would increase from $340,000 to $3 million annually. Existing facilities of this nature already accounted for 30 percent of Union Fire Company’s calls and there were two other facilities currently under construction.

Supervisor Clark noted that each of the projects were fully taxable under a special assessment district and paid special district taxes based on full fair market value to cover the cost of the fire service. There were also backup companies in town that could respond if Union Fire Company was not able to respond to calls with proper manpower. Supervisor Clark further commented that although the proposed project was oriented toward senior citizens they would be independent living individuals.

Mr. Martin agreed and stated that the individuals would have to be self-sustaining. There would be handicapped units in the building, but no nurse would be on duty and the residents would have to be able to take care of themselves.

Councilman Graber commented that apartment projects such as this impacted the town in a positive way from a financial standpoint because they offered significant tax revenue.

Karen Lucachick, 61 Greenmeadow Drive, commented on the other senior citizen complexes near the proposed project and thought that there was a concentration of them in this area of town. She agreed that it could be a burden on the fire department.

Mr. Greenan stated that although the project was described as a senior citizen complex, there was no requirement that individuals be within a certain age group.

Supervisor Clark agreed and questioned if there would be any higher incidence of first aid calls than any other apartment complex.

Don Grasso, 64 Lexington Green, noted that two other multi-family dwelling complexes were under construction in this area and this would be an additional one. He could see where this could be a heavy burden on the fire company and questioned if the owner of the apartment complexes could be required to contract with Rural Metro so they would be the responder to first aid calls at those locations.

6-B    LEGAL NOTICES

1.    (continued)

Mr. Greenan did not believe the fire department would agree to this and stated that Rural Metro already automatically dispatched ambulances to accidents and first aid calls. He further questioned the number of calls at other senior living facilities such as Seneca Pointe.

Chief Gehen responded that he was not aware of an exorbitant amount of calls at Seneca Pointe.

Councilman Hicks referred to the West Seneca Police Department’s annual report that he had just received from Chief Gehen and noted that the number of fire and EMS calls decreased in 2005 while housing increased. In 2004 there were 3381 calls; in 2005 there were 3204 calls.

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

Motion by Supervisor Clark, seconded by Councilman Hicks, to approve the request for a rezoning and special permit for property located at 2244 Union Road, being part of Lot Nos. 22 & 23, changing its classification from M-1 to R-50(S), for a 100-unit senior citizen apartment complex, incorporating the changes as submitted on the plans dated March 20, 2006 and subject to the appropriate variances being received from the Zoning Board of Appeals.

*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 1370 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 394, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR A 48-UNIT APARTMENT COMPLEX” in the Town of West Seneca, be received and filed.             (Young Development Inc.)

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

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner Young Development Inc. and stated that the project involved a 48-unit apartment complex with six eight-unit buildings. He presented an aerial photograph of the site that was immediately adjacent to and south of a similar six-unit apartment complex on Southwestern Blvd. and a revised site plan dated April 7, 2006 that incorporated the Planning Board’s comments. The side apartment buildings were moved back 20 feet and a berm would be installed on the rear property line with six-foot Colorado Spruce trees on it. Mr. Lorigo noted that apartments were a permitted use in an R-50 district with a special permit, so they were also permitted in the existing C-1 zoning, which was a lower zoning classification. A landscaping plan was also submitted along with a letter of support from Jack McNulty, a resident at 104 Fawn Trail that abutted the property at the rear lot line. Mr. Lorigo stated that the entire site was 4.307 acres and 2.65 acres will be green space, .58 will be buildings, and 1.07 will be pavement. This was a favorable ratio of green space to buildings and pavement. The roadways will be 30 feet wide to allow for emergency vehicles. There will be 82 parking spaces, which is 10 more than required under the Town Code. Construction will begin immediately after engineering and building approvals and the rent will be $850 per unit.

6-B    LEGAL NOTICES

2.    (continued)

Councilman Bove commented that the plans submitted were the most comprehensive documents she had seen on a proposed project, and she complimented Mr. Young and Mr. Lorigo for furnishing this information to assist the board members in making their decision. Councilman Bove was also happy to see that the neighbors on Fawn Trail were contacted and their requests were implemented in the revised plan.

Luann Zak, 98 Fawn Trail, stated that she was not contacted by Mr. Young or Mr. Lorigo regarding this project and was not in favor of it. Mrs. Zak had requested a fence along the rear lot line because she was concerned about kids cutting through. She was also concerned about headlights from vehicles at the apartment complex shining in her house. Mrs. Zak did not believe that a three-foot berm would stop people from cutting through and noted that the apartment building next to this property had a privacy fence along the rear lot line.

Supervisor Clark questioned if a fence was required.

Deputy Town Attorney Paul Notaro advised that the berm with Colorado Spruce took the place of the fencing that would otherwise be required.

Mrs. Zak preferred a fence rather than the berm and trees because people would not be able to cut through with a fence.

Town Attorney Timothy Greenan stated that the petitioner could have applied for a rezoning from a C-1 to an R-50(S), so it was up to the Town Board as to what they would require along the rear of the property. This was both an aesthetic concern and an access concern, and either a berm or fence would suffice to meet the requirements of the Town Code.

Councilman Hicks questioned if Mr. McNulty was the spokesperson for the entire neighborhood.

Mr. Lorigo responded that Mr. McNulty had wanted to hire Mr. Lorigo to represent him against the project because he was concerned about the proximity of his back yard to the buildings. There is 143 feet between the rear lot line and the closest building and he thought a berm would be a more attractive and functional buffer. A fence would not stop people from cutting through because they could walk around it and it would not be as aesthetically pleasing. Mr. McNulty agreed to the berm with the six-foot trees on top and did not want a fence.

Councilman Hicks thought that the berm and trees would offer more privacy because the apartments were two-story and people on the second floor would be able to see over a six-foot fence.

Mrs. Zak noted that Mr. McNulty’s back yard was enclosed by a fence, so she thought he would be more inclined to favor the berm, but her back yard was not fenced.

Councilman Hicks suggested adding a three-foot chain link fence behind the berm.

Janet Kambat, 112 Fawn Trail, requested clarification on where the berm and the trees would be located.

Mr. Lorigo responded that the three-foot berm would be located inside the rear property line and six-foot Colorado Spruce would be located on top of it.

Mrs. Kambat questioned who would maintain the berm and landscape the rear of it and what recourse the neighbors would have if they had drainage problems.

6-B    LEGAL NOTICES

2.    (continued)

Mr. Greenan advised that maintenance of the berm would be the responsibility of the owner of the apartment complex. Anyone that proposed a project was required to handle the drainage from the site and make sure that the project did not shed any more water after construction than it did prior to construction. A detention basin was proposed for the site and Town Engineer George Montz would have to review the drainage plan and give his approval.

John Schenne of Schenne & Associates stated that there was a five-foot offset before the start of the berm where a drainage swale will be located. Along with picking up the drainage from the backside of the berm, the swale will pick up whatever drainage flows from the neighbors’ properties to the north. The drainage swale will then carry the water to the detention basin.

Mrs. Kambat was concerned about standing water in the detention basin attracting mosquitoes.

Mr. Schenne advised that the detention basin is dry 99 percent of the time, but when there is a big downpour it will collect the water, hold it for a while, and slowly release it. There normally was not a problem with mosquitoes or bugs because the detention basin was usually dry.

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

Motion by Supervisor Clark, seconded by Councilman Hicks, to approve the request for a special permit for property located at 1370 Southwestern Blvd., being part of Lot No. 394, changing its classification from C-1 to C-1(S), for a 48-unit apartment complex based upon the revised site plan dated April 7, 2006.

On the question, Councilman Hicks stated that Mr. Young owned other property in the Town of West Seneca and a landscaping business and his properties were impeccable. He thought this project would be an asset to the neighborhood and the neighbors would be happy with it.

Supervisor Clark stated that he did not believe there was a problem with kids cutting through from the existing complexes on Southwestern Blvd. The proposed apartments were fairly expensive but did not have high square footage, so there would not be a lot of kids living there. Supervisor Clark thought that this project with the berm as a buffer would be a good project compared to what could locate in the C-1 zoning.

*APPENDICES*

6-C   COMMUNICATIONS

1.    Supervisor Clark re Appointments to N.E.S.T. Solid Waste Management Board

Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Highway Superintendent Patrick Finnegan to represent the Town of West Seneca on the Northeast-Southtowns Solid Waste Management Board (N.E.S.T.) and Deputy Highway Superintendent Edward Kowalewski as the alternate representative for 2006 and direct the Town Clerk to send a certified copy of this designation to Mr. Gary Carrel, Erie County Department of Environment and Planning.

6-C   COMMUNICATIONS

2.   Supervisor Clark re Reappointment of Frank Housh to West Seneca Library Board

Motion by Councilman Hicks, seconded by Councilman Bove, to reappoint Frank Housh as Trustee to the West Seneca Library Board for a five-year term effective January 1, 2006 – December 31, 2010.

3.   Supervisor Clark re Memorial Day parade

Motion by Councilman Hicks, seconded by Councilman Graber, to grant permission to the West Seneca Veterans Committee to hold their annual Memorial Day parade on Monday, May 29, 2006 with the Gardenville Memorial Services at 9:00 A.M. and the second ceremony commencing with parade assembly at the Southgate Plaza parking lot at 10:00 A.M. and step-off at 10:30 A.M. moving down Union Road to the Veterans Memorial in front of the West Seneca Library.

Ayes: All

Noes: None

Motion Carried

4.   Supervisor Clark re St. John Vianney 5K Run

Motion by Councilman Hicks, seconded by Councilman Bove, to grant permission for St. John Vianney Church to hold their 6th annual 5-K Run on Thursday, July 20, 2006 at 6:30 P.M. on designated streets in the Town of West Seneca.

5.   Town Attorney re Resignation of Claire Kingsbury as part-time Clerk Typist

Motion by Councilman Hicks, seconded by Councilman Graber, to accept the resignation of Claire A. Kingsbury and terminate her as part-time Clerk Typist in the Town Attorney’s Office effective April 14, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

6.   Town Engineer re 2005 Sanitary Sewer Rehabilitation Project, final acceptance

Motion by Councilman Hicks, seconded by Councilman Graber, to approve final change order #1 for United Survey, 25145 Broadway, Cleveland, OH 44146 for a net deduct of $3698 and accept the 2005 Sanitary Sewer Rehabilitation Project, Job No. S-0505 at a final contract amount of $392,202.

7.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Hicks, seconded by Councilman Bove, to authorize payment of $3800 to Osinski Plumbing for sewer repairs on Waltercrest Terrace.

6-C   COMMUNICATIONS

8.   Highway Supt. re Status change for Tom Oleski to part-time laborer

Motion by Councilman Hicks, seconded by Councilman Bove, to change the status of part-time seasonal laborer Tom Oleski to part-time in the Buildings & Grounds Department effective April 17, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Seasonal status for part-time laborers in Bldgs. & Grounds

Motion by Councilman Hicks, seconded by Councilman Bove, to change the status of the following part-time laborers in the Buildings & Grounds Department to part-time seasonal effective April 10 – September 15, 2006:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $4998.76 to Buffalo Truck Center Inc. for truck repairs and $6015.20 to Saia Communications Inc. for a Motorola repeater/base station.

11.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize payment of $3019.77 to The Hon Company, PO Box 404422, Atlanta, GA 30384-4422, for desks and keyboard components in the Town Clerk’s Office.

6-D   REPORTS

ISSUES OF THE PUBLIC

NEIGHBOR ISSUES ON SOUTHGATE DRIVE

Michael Roll, 98 Southgate Drive, stated that he lives directly behind Hoy Funeral Home and two years ago he had sent a letter to Robert Enos, owner of the funeral home, asking if he would be interested in sharing the cost of a privacy fence along the back of their parking lot and Mr. Roll’s property. Along with affording the Roll’s some privacy, the fence would stop headlights from shining in their home and prevent snow from being pushed into their yard. It would also reduce noise from the Roll’s property invading the funeral home property, such as

ISSUES OF THE PUBLIC

NEIGHBOR ISSUES ON SOUTHGATE DRIVE    (continued)

Deputy Town Attorney Paul Notaro stated that fencing was required between residential and commercial property; however, a funeral home was a permitted use within a residential district. He would have to check the zoning on the property. Also, the use might pre-date the zoning ordinance so it would not have to comply, even with a change of ownership.

Town Attorney Timothy Greenan did not believe they could assist Mr. Roll based on the Town Ordinance, but Code Enforcement Officer William Czuprynski might have some input on the matter.

Supervisor Clark also suggested that the Engineering Department survey the drainage to see if the system is operating properly.

James Tyszczynski, 102 Southgate Drive, commented on the snow from the funeral home parking lot being pushed toward his property and the water that runs into his back yard when it melts. He questioned if anything could be done to alleviate this.

Mr. Greenan stated that the town could not intervene between two neighbors and could not do anything about this unless there was an easement between the properties.

Supervisor Clark asked that Town Clerk Patricia DePasquale have the Building Department review these properties and look for fencing requirements under the Town Code, and also ask the Engineering Department to review the surface drainage at Hoy Funeral Home and offer their observations and recommendations.

HIRING PRACTICES

Dale Clarke, 379 Indian Church Road, commented on the hiring practices in the Town of West Seneca and thought that Supervisor Clark only hired people that helped him on his campaign. Mr. Clarke referred to an article in the West Seneca Bee from 1999 concerning the manner in which Sanitation Department workers were hired and stated that nothing had changed since then; the Town Board still hired people based on politics.

Gary Martin, 16 Willow Drive, questioned the hiring practices in the town and whether Highway Supt. Patrick Finnegan had the power to hire people.

Councilman Hicks responded that each board member had the opportunity to hire someone they knew, were associated with, or were contacted by. They were not all hired by Supervisor Clark; they were hired by all the board members and Mr. Finnegan.

Councilman Graber stated that all the people that were recently hired already worked for the town.

ISSUES OF THE PUBLIC

HIRING PRACTICES    (continued)

Mr. Martin understood that some of the part-time employees were bypassed for full-time employment.

Supervisor Clark responded that there was no list or policy for hiring full-time employees.

Mr. Martin questioned if Mr. Finnegan had to take an employee that was recommended by the Town Board if he did not want that person.

Councilman Hicks stated that the people who were hired full-time were already in the system as part-time and they were promoted based on Mr. Finnegan’s recommendation. The Town Board also fired people who were not doing their job.

Mr. Greenan advised that all employees in the Highway Department were the prerogative of the Highway Supt. Individuals hired in the Sanitation and Buildings and Grounds Department were hired by the Town Board.

Councilman Graber commented that most of the employees hired had a proven track record. If they didn’t show up for work or had poor performance, they would not be hired by the town. Also, someone could work part-time in the Buildings & Grounds Department and then be hired full-time in the Sanitation Department. Councilman Graber further commented on the number of jobs the Town Board had eliminated and how they had reduced the workforce.

Mr. Martin questioned if seasonal employees had an opportunity to be appointed full-time.

Councilman Graber responded that there was no guarantee that a seasonal employee would be appointed full-time, but it did happen sometimes. Full-time appointment was based on their performance and whether they showed up for work. If a seasonal employee failed to show up three times at the Ice Rink they were terminated, and the likelihood of them ever working full-time for the town was probably zero. Councilman Graber stated that although the individuals hired know someone, it is truly their performance that gets them hired.

Karen Lucachick, 61 Greenmeadow Drive, questioned how a 16-year old or a college student would get hired by the town.

Supervisor Clark responded that generally they would be sponsored or recommended by a Town Board member.

Ms. Lucachick suggested that the town advertise available jobs in the newspaper.

Councilman Hicks stated that anyone interested in employment could go to the Supervisor’s Office and fill out an application.

APARTMENT COMPLEX PROJECT ON SOUTHWESTERN BLVD.

Karen Schoenhals, 73 Deer Path, questioned the provisions for garbage with the 48-unit apartment complex on Southwestern Blvd. that was approved earlier at this meeting.

Deputy Town Attorney Paul Notaro responded that garbage would be placed in an enclosed dumpster facility and there would be a private on-site service for collection.

ISSUES OF THE PUBLIC

DMV OFFICE AT KIWANIS BUILDING

Karen Lucachick, 61 Greenmeadow Drive, referred to the recent opening of the Department of Motor Vehicles (DMV) office in the Kiwanis building and comments in the West Seneca Bee concerning the parking and the fact that youth will be in an out of the building during the hours that the DMV is open. Ms. Lucachick questioned why the County of Erie would not be paying rent for this building or for utilities and water.

Supervisor Clark did not believe there would be a significant increase in the cost of utilities since the town already heated and lit the building.

Councilman Hicks commented that the DMV office was an opportunity for the town to perform a public service for the community at very little cost.

Ms. Lucachick suggested that the Town Board advertise the fact that the Town of West Seneca was being a very generous community and was helping to bail out the County of Erie.

Councilman Hicks responded that they intended to do this along with Orchard Park, Hamburg, and some other towns. He further noted that the VFW Post would be allowing people to use their parking lot to help with the parking issue.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ATTENDANCE OF OFFICERS AT TRAFFIC SAFETY CONFERENCE

Motion by Councilman Hicks, seconded by Councilman Graber, to authorize Patrol Officers Edward Baker, William Leitzel, Ken May, Daniel Szymanski and Lt. Phil Steffan to attend the Empire State Traffic Safety Conference in Colonie, New York, April 24 – 25, 2006 at a cost not to exceed $621.

STATUS OF ABANDONED AMES PLAZA ON SENECA STREET

Councilman Bove referred to the old Ames Plaza near the Seneca Street city line and stated that Code Enforcement Officer William Czuprynski had contacted the management company taking care of the property to ensure that they would be accountable for cleaning it up. She had gone by when a cleaning crew was there and there was a dumpster on the site and the tires and garbage were all cleaned up. Councilman Bove thanked Mr. Czuprynski for acting quickly on this matter and noted that he was informed that the property was in foreclosure and was up for auction this month. She hoped the new owners would have a use for the property that was positive for the community.

TOWN WEBSITE

Supervisor Clark commented on the town’s website and noted the hits to the site as follows: 2003 - 18,000; 2004 – 24,200; 2005 – 30,000; so far in 2006 – over 10,000. He complimented Town Clerk Patricia DePasquale and her department for maintaining the site, keeping it updated, and providing a lot of good information.

Mrs. DePasquale complimented Webmaster Jim Manley for his work on the website and stated that there was a wealth of information to be found on it. She encouraged everyone to log on to www.westseneca.net.

Chief Gehen also encouraged everyone to visit the Police Department’s website at www.wspolice.com.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PROPOSALS FOR OPERATION OF FITNESS FACILITY AT SENIOR CITIZENS CENTER

Town Attorney Timothy Greenan stated that he had been working with Councilman Bove on the operating plan for the West Seneca Senior Citizens Center fitness facility with a goal of ensuring that the facility is as inclusive, safe and affordable as it can be. The plan should be completed this week and he asked that the Town Board authorize the issuance of requests for proposals for a health care/physical fitness firm to be involved in the operation and maintenance of the facility.

Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize the issuance of requests for proposals for a health care/physical fitness firm to be involved in the operation and maintenance of the fitness facility at the West Seneca Senior Citizens Center.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:30 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK