Board Meeting Minutes 08/16/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-12
West Seneca, NY 14224 August 16, 2010
Supervisor Wallace C. Piotrowski called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.
ROLL CALL: Present - Wallace C. Piotrowski, Supervisor
Sheila M. Meegan, Councilwoman
Dale F. Clarke, Councilman
Absent - None
Supervisor Piotrowski read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
12-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-11 of July 19, 2010.
Ayes: All Noes: None Motion Carried
Motion by Councilwoman Meegan, seconded by Councilman Clarke, to suspend the regular order of business to allow for a statement of clarification.
Ayes: All Noes: None Motion Carried
Councilwoman Meegan referred to an article in the August 5, 2010 West Seneca Bee entitled “Lawsuit Proves That Common Sense Is Not So Common” and stated that Ms. McDowell did not do her homework and wait for both sides of the story. The board members were advised not to discuss the matter and Ms. McDowell got her information from an extremely biased party. What the Town Board did was something that has been time honored in the past. Honorable Nelson Cosgrove resigned for a higher judicial office and Wallace Piotrowski who had served in the Town Attorney’s office was then appointed to take his position as Judge for the Town of West Seneca. When Wallace Piotrowski resigned to run for Supervisor in 2007, Dale McCabe came out of the Town Attorney’s office and was appointed by the Town Board as Judge. There was nothing illegal about this, but it was a common sense approach to filling the Town Justice position. In the past, the Town Board made a temporary appointment of Thomas Bausch after the sudden passing of Highway Supt. Patrick Finnegan and then appointed Matthew English to fill the position. There was also nothing illegal about that appointment and other municipalities have done the same on many occasions. No lawsuits ever came about as a result of those appointments. Supervisor Piotrowski was not sure as to what was legal, and if he knew should have rescinded the motion and corrected it. Instead the town is paying for legal fees brought on by Supervisor Piotrowski. If Ms. McDowell had been at the July 28, 2010 Special Town Board Meeting she would have witnessed Ralph Lorigo passing out case law that Supervisor Piotrowski referred to. Also, when Councilwoman Meegan told Supervisor Piotrowski of the proposal to appoint Jeffrey Harrington at the July 19, 2010 Town Board meeting, he stated “Then can Joey (Joseph Lorigo) be the prosecutor?”
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Councilwoman Meegan stated that the lawsuit was not due to her or Councilman Clarke’s negligence. Upon information and belief the lawsuit was brought on by Supervisor Piotrowski (who is suing himself), Mr. Lorigo, and Judge Scott. Councilwoman Meegan referred to Ms. McDowell’s question, “What’s another five months?” concerning why the Town Board would not appoint Judge Scott to serve for another five months when he served for more than 30 years. She stated that Judge Scott resigned, he was not asked to step down, and he did not request a leave of absence. Most employers look for a replacement when an employee resigns and the Town Board was doing the job the people elected them to do. Councilwoman Meegan further referred to the Article 78, Notice of Order to Show Cause and stated that a restraining order was issued against the Town Board on the grounds that the Town Board proceeded in excess of its jurisdiction. She commented that it is the Town Board’s duty and responsibility to hire and fire employees, but now the Supreme Court wants to dictate to the town how to proceed with filling jobs and every town in the county should be put on notice of that. Councilwoman Meegan thought that the Town Board should have been heard before the restraining order was issued. She stated that a municipality is always given an opportunity to state its reason for taking action before a restraining order is issued, but the Supreme Court usurped the prerogative of the Town Board to appoint the most qualified person as Town Justice, Jeffrey Harrington who served as Deputy Town Attorney/Town Prosecutor for the last 2½ years and has 10+ years in practice. Councilwoman Meegan stated that when she asked Supervisor Piotrowski to swear Jeffrey Harrington into office he declined, stating that “I can’t do that, I’m with Joey, the Lorigo family.” Then he had the Supreme Court issue the restraining order and the same Judge that issued the order recused himself the following morning. She questioned why that would have happened and also commented on the date and time stamped on the order. Councilwoman Meegan stated that the Town Board has a fiduciary responsibility to the public they serve and upon information and believe Supervisor Piotrowski fostered the complaint against the town and he is costing the town thousands of dollars and many hours and days that she would be doing the people’s work. Instead she has had to spend time on this frivolous matter. Ralph Lorigo’s involvement was also confirmed when they went to Court on Monday, August 9th, and he was the second chair for Judge Scott and she received notice this date that Judge Scott will now be represented by Ralph Lorigo. Councilwoman Meegan stated that she will not be leveraged to do any bidding of any political boss that wants their relatives to benefit at the expense of the town. She represents 46,000+ people in the town, not one family.
Councilman Clarke agreed with Councilwoman Meegan’s comments and stated that they were misled and lied to. They were not bought by a political party chairman. They did their job, but someone else didn’t. Councilman Clarke took the article as an insult and specifically the statement that “Perhaps the concern should have been given more consideration when the Supervisor, the one with the legal background, voted ‘No’ on the motion and questioned the actions of the council members.” He stated that it was Supervisor Piotrowski’s motion that they went by and he was wrong, misled, or maybe even involved in it.
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12-C TABLED ITEMS
1. Little Loop Football Agreement
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to authorize the Supervisor to enter into a mutual agreement with the WNY Officials Association in the amount of $4000 for referee fees for the 2010 Little Loop Football season, noting that funds will be transferred from the Burchfield Acct. #1.7420.0445 to Acct. #1.7140.0166.
Ayes: All Noes: None Motion Carried
2. Rezoning request for 266 Fisher Road
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to deny referral of the rezoning request for two-family homes at 266 Fisher Road to the Planning Board.
On the question, Supervisor Piotrowski stated that the Assessor’s Office provided the Town Board members with a list of all homes on Fisher Road. There is one 3-family, four 2-family, and the rest are single family. It is the intention of the Town Board to keep Fisher Road single family residences.
Ayes: All Noes: None Motion Carried
3. Electronic sign at X-Press Sign Company on Union Road
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the addition of an electronic message board to the existing sign at X-Press Sign Company located at 1780 Union Road conditioned on a 30-second interval requirement.
Ayes: All Noes: None Motion Carried
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12-C TABLED ITEMS
4. Electronic sign at Tops on Orchard Park Road
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to remove this item from the table.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve an electronic gas price board at Tops located at 315 Orchard Park Road conditioned on a 30-second interval requirement.
Ayes: All Noes: None Motion Carried
12-D COMMUNICATIONS
1. Supervisor Piotrowski re Status change for Nancy Dollard
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Community Development Loan Officer Nancy Dollard to part-time seasonal effective August 17, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
2. Supervisor Piotrowski re Grant application for Aviation Consultants of WNY
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the attached resolution allowing Aviation Consultants to apply for a grant from the Federal Aviation Administration to pay 95 percent of the allowable costs to rehabilitate terminal aprons and hangar taxiways and authorize the Supervisor to sign the attached resolution and State Environmental Quality Review (SEQR) forms, noting that this in no way binds the Town of West Seneca to any approvals, permits, and/or licenses that may be required by the applicant for future projects or work related to Buffalo Airfield.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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12-D COMMUNICATIONS
3. Councilwoman Meegan re Purchase of Court Room sound system & LCD panel-blu ray player
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $15,176.50 to The Stereo Advantage for a new sound system in the Court Room with LCD Panel-Blu Ray Player, noting that $9041.71 of this payment will be reimbursed to the town from the Justice Court Assistance Program (JCAP) grant.
On the question, Councilwoman Meegan stated that the town received payment of $15,468 from the grant.
Ayes: All Noes: None Motion Carried
4. Town Engineer re Ludwig Avenue Reconstruction Project, change order #1
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve change order #1 in the amount of $19,000.94 for Occhino Corporation, 2650 Seneca St., for adding various items of extra work on the Ludwig Avenue Reconstruction Project, Job No. L-0801.
Ayes: All Noes: None Motion Carried
5. Town Engineer re Purchase of sewer television inspection system
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a Cues Granite XP Inspection Version 4 sewer television inspection system and other miscellaneous equipment, support plan and training from Pierce Equipment Co., 3388 Route 22 West, Somerville, NJ 08876 at a total cost of $22,762, noting that this equipment is a sole-source purchase necessary to upgrade the town’s sewer television truck and inspection system to current technology.
Ayes: All Noes: None Motion Carried
6. Town Engineer re Purchase of dump truck
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of a 2011 Ford F350 4 x 4 truck with a small dump body and other miscellaneous equipment from Van Bortel Ford, Inc., 71 Marsh Road, East Rochester, NY 14445, at a total NYS contract bid price of $34,216.59.
Ayes: All Noes: None Motion Carried
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12-D COMMUNICATIONS
7. Town Engineer re Purchase requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $4494 to National Overhead Door Inc. for replacement doors at Plant 6 on Mineral Springs Road.
Ayes: All Noes: None Motion Carried
8. Highway Supt. re Appointment of F. Malota & J. Rappleye as part-time seasonal sanitation laborers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Francis Malota and James Rappleye as part-time seasonal sanitation laborers effective August 2 – November 24, 2010 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
9. Highway Supt. re Status change for P. Colson & J. Klubek to part-time seasonal sanitation laborers
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Highway Department part-time seasonal laborers Peter Colson and Jeremy Klubek to Sanitation Department part-time seasonal laborers effective August 23 – November 24, 2010 at a rate of $7.25 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
10. Highway Supt. re Approval of additional expenses at dog training school
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to amend the motion from the June 7, 2010 Town Board Meeting, Item #11, to include an addition of out-of-pocket expenses of $561.19 at dog training school for a total cost of $1086.19.
Ayes: All Noes: None Motion Carried
11. Highway Supt. re Purchases requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1979.53 to Chudy Paper for janitorial supplies and $3332 to Quality Plus Inc. for a McQuay compressor.
Ayes: All Noes: None Motion Carried
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12-D COMMUNICATIONS
12. Chief Gehen re Leave of absence for Colleen Schappert
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for Clerk Typist Colleen Schappert effective August 4 – 18, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
13. Chief Gehen re Leave of absence for Patricia Burch
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a leave of absence under the 1993 Family Medical Leave Act for Clerk Typist Patricia Burch effective September 1 – October 15, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
14. Chief Gehen re Purchase of Toughbook Mobile Data Terminal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one Panasonic Toughbook Mobile Data Terminal (MDT) Model 31 Touch XGA, 2 GB mem, 160 GB HDD Backlit KB w/LEDCO DOCK GEN2 from Synergy Global Solutions, Inc., 1100 Pittsford-Victor Road, Pittsford, NY 14534 at the NYS contract price of $5211.
Ayes: All Noes: None Motion Carried
15. Chief Gehen re Purchase of Crime Scope forensic light source
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the purchase of one Mini Crime Scope 400W forensic light source with 1500 hour lifetime bulb and accessories in the amount of $14,270 from SPEX Forensics, 3880 Park Avenue, Edison, NY 08820-3012, noting that this unit will be utilized for evidence identification and collection by the detective bureau and the total cost of the purchase will be covered by DCJS grant #LG09099442 provided by NYS Senator William Stachowski.
Ayes: All Noes: None Motion Carried
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12-D COMMUNICATIONS
16. Chief Gehen re Attendance of Desk Lt. Fallon & Officer Burkley at training conference
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Desk Lt. Joel Fallon and Police Officer Jill Burkley to attend the New York Police Juvenile Officers Association 35th annual training conference from August 30 – September 3, 2010 at the Ramada Geneva Lakefront in Geneva, New York, at a cost not to exceed $2294.
Ayes: All Noes: None Motion Carried
17. Chief Gehen re Attendance of Detective Andolina & Bebak at Magloclen Narcotics training conference
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Detectives Robert Andolina and Robert Bebak to attend the Magloclen Narcotics training conference, September 7 – 10, 2010 in Ocean City, Maryland, at a cost not to exceed $1728.13.
Ayes: All Noes: None Motion Carried
18. Chief Gehen re Purchases requiring Town Board approval
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $1980.12 to David Quick for police academy expenses, $1960.43 to Derek Vasquez for police academy expenses, and $3032.25 to AmChar Wholesale Inc. for ammunition.
Ayes: All Noes: None Motion Carried
19. Town Clerk re Credit card agreement
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the merchant service agreement with M & T Bank that will allow the Town Clerk’s Office to accept credit & debit cards for various permits and licenses, noting that said agreement has been reviewed and approved by Town Attorney Shawn Martin.
Ayes: All Noes: None Motion Carried
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12-D COMMUNICATIONS
20. Town Clerk re Rezoning request for vacant land on North Drive, South Drive & Grant Blvd.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to refer to the Planning Board the rezoning request for 1000 Queens Grant LLC for vacant land on North Drive, South Drive and Grant Blvd for construction of an 83-lot single family home subdivision.
On the question, Councilman Clarke commented on the existing problems in Sewer District #13 and asked that the Planning Board take a thorough look at the situation.
Ayes: All Noes: None Motion Carried
21. Comptroller re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $14,786.02 from Contingent Account #1.1990.0480 to Town Engineer Equipment Account #1.1440.0200 to cover the purchase of a 2008 Ford Taurus approved at the July 19, 2010 Town Board Meeting.
Ayes: All Noes: None Motion Carried
22. Code Enforcement Officer re Revised fee schedule
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the attached updated fee schedule for the Code Enforcement Office effective August 16, 2010.
Ayes: All Noes: None Motion Carried
*APPENDICES*
23. Code Enforcement Officer re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $205 from General Mandated Training Account #1.3620.0414 to Technical Books/Membership Dues Account #1.3620.0406.
Ayes: All Noes: None Motion Carried
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12-D COMMUNICATIONS
24. Receiver of Taxes re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $296.50 from Account #1.1330.0411 to Account #1.1330.0419.
Ayes: All Noes: None Motion Carried
25. Director of Senior Services re Status change for part-time food service helper June Edie to seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time food service helper June Edie to part-time seasonal effective August 2 – September 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
26. Director or Senior Services re Status change for Peter Schreiber to part-time seasonal
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Peter Schreiber from part-time to part-time seasonal effective August 2 – 31, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
27. Disaster Coordinator re Budgetary transfer request
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a budgetary transfer request of $500 from Computer Software Account #1.8760.0216 to Gasoline Account #1.8760.0416.
Ayes: All Noes: None Motion Carried
28. Comptroller re Bonding schedule for 2010
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the attached list of items to be bonded in 2010.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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12-E REPORTS
· Patricia C. DePasquale, Town Clerk’s report for June & July 2010 received and filed.
· Robert J. Pinnavaia, Code Enforcement Officer’s report for July 2010 received and filed.
· Robert Bielecki, Comptroller’s accounts payable abstract July 17 – August 16, 2010, received and filed.
ISSUES OF THE PUBLIC
STATUS OF UNION ROAD STREETSCAPE PROJECT
Karen Lucachick, Greenmeadow Drive, questioned the status of the Union Road streetscape project.
Town Engineer George Montz advised that NYS changed the funding ratio which increased the town’s portion of the project from approximately $40,000 to $180,000. The total grant was $900,000.
Supervisor Piotrowski stated that they did not have $180,000 to put towards the project. They had not yet rejected the grant and will pursue it if $180,000 becomes available. He thought reconstructing the roads was more important than beautifying the town.
Mrs. Lucachick agreed but thought a code should be adopted to improve the appearance of the town.
STATUS OF AMERICORPS DEBT
Karen Lucachick, Greenmeadow Drive, questioned the status of the outstanding AmeriCorps debt.
Comptroller Robert Bielecki responded that no money was received in July or August.
STATUS OF NEW SOUND SYSTEM IN COURT ROOM
Karen Lucachick, Greenmeadow Drive, requested an update on the new sound system in the Court Room.
Councilwoman Meegan stated that the Town Board had never approved the expenditure for the new sound system, so that had to be done first before the equipment was installed. The expenditure was approved at this meeting and the new system was scheduled to be installed August 23, 2010.
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ISSUES OF THE PUBLIC
OPPOSITION TO ELECTRONIC SIGNS
Karen Lucachick, Greenmeadow Drive, referred to the electronic signs approved at this meeting and commented on their appearance in town and that they create a hazard with motorists reading them. She thought the Town Board should ban these types of signs.
12-B LEGAL NOTICES
1. Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, 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 810 UNION ROAD, BEING PART OF LOT NOS. 329 & 330, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR ONE 3-STORY, 128-UNIT SENIOR APARTMENT BUILDING AND ONE 2-STORY, 47-UNIT HUD 202 APARTMENT BUILDING” in the Town of West Seneca, be received and filed. (Young Development, Inc.)
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.
On the question, Councilman Clarke suggested that Supervisor Piotrowski recuse himself from voting on this item and any other item that Ralph Lorigo is involved with. He thought it was a conflict of interest since Mr. Lorigo is his former employer, the Conservative Party chairman and a large donator to Supervisor Piotrowski’s campaign. Councilman Clarke did not believe Supervisor Piotrowski could make an unbiased decision.
Supervisor Piotrowski stated that he voted against Mr. Lorigo many times since he first took office 2½ years ago. Because he knew Mr. Lorigo and worked for him over 17 years ago, it did not impact his ability to make an independent decision on what is best for the residents that he was elected to represent. Supervisor Piotrowski stated that he will not be recusing himself from any matters that Mr. Lorigo handles and commented that Councilman Clarke also votes for jobs for individuals that help or donate to his campaign.
Councilwoman Meegan noted that Supervisor Piotrowski just sued the town along with Mr. Lorigo and Judge Scott.
Ayes: All Noes: None Motion Carried
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12-B LEGAL NOTICES
1. (continued)
Supervisor Piotrowski read the recommendation of the Planning Board: “At its July 8, 2010 meeting, the Planning Board issued a negative declaration with regard to the SEQR and recommended approval of the request for a special permit for property located at 810 Union Road, being part of Lot Nos. 329 & 330, changing its classification from R-60A to R-60A(S), for one 3-story 128 unit senior apartment building and one 2-story, 47-unit HUD 202 apartment building with the following stipulations:”
1. Protection of areas from disturbance during construction
· Phase I development area can only be disturbed during Phase I
· Construction fencing controlling the area is not to be disturbed
2. Protection of green spaces from future development
· conservation easements
· forever wild areas
· dedication of lands
· deed restrictions
· preservation of significant trees
3. Protection of areas identified in the Phase II archaeological report
4. Condition the project to seniors only, not open for general market rentals without returning to the Town Board for a special permit
5. Approval of a stormwater protection permit and extra precautions concerning erosion and sediment control and stormwater management systems
6. Building construction types
· architectural review
· limitation on height
7. Traffic improvements/site entrance improvements
8. Limits on hours for construction activity
9. Noise dampening equipment on the HVAC and any generators on site
10. No further development on the site or limit to specified areas
11. Sewer mitigation project that is underway be completed
Attorney Ralph Lorigo, Slade Avenue, represented Young Development Inc. and People Inc. and stated their proposal to construct a 3-story, 128-unit senior apartment building and one 2-story, 47-unit HUD 202 apartment building on a 20.5 acre site that is presently zoned R-60A. He referred to §120-18 of the Town Code and recited the permitted uses in an R-60A zone without a special permit and the uses allowed with a special permit, including multi-family dwellings. Mr. Lorigo stated that the Town Board had to look at four things to make its determination: 1) location & size - nature & intensity, size of the site, location of the site with respect to streets giving access thereto; 2) screening or other protective measures; 3) offstreet parking areas & access drives; 4) Town Board can prescribe any conditions that they deem necessary. The entire Houghton College site is 37+ acres that consists of 3-story
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12-B LEGAL NOTICES
1. (continued)
dormitory buildings, a student center, classrooms, and other building facilities. They pay no real estate property taxes to the Town of West Seneca or Erie County and no school taxes to West Seneca. The 17 acres that are not part of the special permit request are zoned R-75. The project as presented on the 20.5 acres requires no variances. A portion of the property, approximately 5.5 acres, will be owned by People Inc. and there will be access from Union Road. They propose to construct a 47-unit apartment building similar in design to Burchfield Commons located at 2290 Union Road. This will be a HUD 202 development for affordable living for seniors age 62 and over. As of May 2010, a person residing in one of these units can earn up to $22,300 and be income eligible. Mr. Lorigo stated that the proposed 128-unit apartment building will be luxury, fair market, rental units for seniors 55 and over. The units will include a monitored entry system, sprinkler system in each apartment, central elevators, indoor mail centers, emergency pull cords, and numerous other amenities. Young Development recently received approval for two other luxury senior apartment buildings – Katie’s Place on Schultz & Transit Roads and Lily’s Place on Southwestern Blvd. & Crofton Drive. Katie’s Place is fully constructed and currently renting at a much faster rate than anticipated and Lily’s Place is currently under construction. Mr. Lorigo stated that the need for senior housing in West Seneca has been well demonstrated and the proposed Southgate Senior Commons project will be the premier senior project for Young Development. He commented on the other excellent projects constructed by Young Development such as Fox Trace, Fox Trace II, self-storage facilities, the strip plaza at Southwestern Blvd. and Angle Road, the apartment complex at Southwestern Blvd. and Angle Road, and 4060 Seneca Street, and the amount of money Mr. Young has invested in the town and how his projects have added to the tax base. Mr. Lorigo referred to news articles highlighting the controversy surrounding the project and stated that they demonstrate an unfortunate amount of misinformation that initially surrounded the project; however, Donn Esmonde’s commentary “West Seneca Needn’t Fear Senior Citizens” clearly frames the issues in their proper perspective. He commented that the prejudice originally demonstrated can be seen throughout some of the articles and letters to the editor, but many of the letters to the editor are written by West Seneca citizens and clearly show the counter balance and need and demonstrate the validity for this project. Mr. Lorigo referred to the proposed People Inc. project and stated that they have 17 other facilities of this type throughout WNY and 755 residents in those units. The average age of a resident in these buildings is 76 years, 80 percent are female and 20 percent are male. The head of household must be 62 years or older and the household may consist of only one or two individuals. This is not assisted living and the seniors must be fully capable of living on their own. Mr. Lorigo stated that according to the latest demographics the Town of West Seneca has 5638 households aged 62 and older, 18.25 percent are renters and 81.75 percent are homeowners. Sixty-five percent of the renters and 44 percent of the homeowners earn less than $20,000 annually, so they all would be eligible to have an apartment in this project. In 2008, the number of seniors 62 years and older in West Seneca was 8963 and they are the fastest growing segment of the town’s
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12-B LEGAL NOTICES
1. (continued)
population. Factoring in the fact that the average age of a resident in this type of complex is 76 years, clearly increases the percentage of residents in West Seneca that qualify to live in the People Inc. building. Mr. Lorigo stated that a complete and thorough review of the project was completed by the Planning Board and Wendel Duchscherer, including a full SEQR review. A negative declaration was granted on July 8th and approval of the special permit was recommended. If the Town Board approves the special permit it can prescribe any conditions they deem necessary or desirable, and if approved, the project will go back to the Planning Board for site plan review. Mr. Lorigo noted that one of the big issues with the project is the condition of the town’s sewer system and a lot of information has come forth regarding specific problems in Sewer District #13. The town is under a DEC order of remediation, but the proposed project will benefit the town in its remediation obligation. The DEC has determined, and the developer has agreed, that if the project qualifies the DEC will allow approval at a minimum ratio of 4:1 of extraneous flow removed from the sewer system to new flows added, annualized and normalized for rainfall. Therefore, for every new gallon introduced to the system by the proposed development, the developer must remediate four gallons of waste. This will allow the town to remediate at less expense to the residents and in a quicker fashion than if the project is not approved. Mr. Lorigo stated that there have been many misconceptions about the project. Questions have been asked about affordable housing, tax revenues, who lives in this type of housing, why it is needed, how many senior housing project already exist, etc. and Mr. Lorigo submitted these questions along with their answers.
Councilwoman Meegan referred to a letter from Steven Doleski, Regional Permit Administrator with the DEC, dated July 30th stating that they were surprised to receive the negative declaration issued by the Planning Board since they understood that because of the controversy related to the project and unresolved sanitary sewer overflow issues, that an environmental impact statement would likely be required. They commented on the 2500 gallons per day of additional sewage to the town’s sanitary sewer system and the necessary sewer extension approval and stated that sewer system flow data for the project, a downstream sewer capacity analysis, and other documentation must be received to be considered a complete sewer extension submission. Councilwoman Meegan questioned if this had been done.
Town Engineer George Montz stated that he spoke to Mr. Doleski and his main concern was that the 4:1 mitigation be setup prior to site plan approval being given.
Mr. Lorigo stated that the Town of West Seneca had an obligation to correct, mitigate and repair the sewer lines. If a developer wants to come into the town with a project that will add flow to the sewer system, they must remediate with a 4:1 ratio, so the developer and his development will actually benefit the town.
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Councilwoman Meegan again referred to Mr. Doleski’s letter that stated the DEC had “only received downstream sewer capacity analysis information, but no specific information to review for the proposed 4:1 ratio offset work. Therefore, the sewer capacity concern remains.”
Mr. Lorigo referred to a letter dated May 13th from Town Engineer George Montz stating, “This is to certify that adequate capacity exists in the downstream sanitary sewers for estimated flows from the above project. Also, the engineer for the developer has verified that there is adequate pressure and flow in existing watermains to serve the remaining domestic and fire flows at the site.” Mr. Lorigo further stated that Mr. Doleski’s letter states that the DEC believes the 4:1 mitigation will address the issue satisfactorily.
Councilman Clarke did not understand how the 4:1 mitigation would stop sewage from flowing onto the residents’ lawns.
Mr. Lorigo stated that the residents have had this problem since 2003 and the town has been doing its best to remediate it over the years. Other cities and towns with older sewer systems are experiencing the same problem and they are bringing in developers to assist with the cost factor involved in doing the remediation. The 4:1 remediation was put in place by the DEC and Mr. Young has agreed to follow that.
Lowell Dewey of C & S Engineers stated that the sewer system is old and there are cross connections from people connecting their roof downspouts into the sanitary sewer system. There are also pipes with leaks and manholes that are leaking because they are low in the ground and surface water flows over the top in a rain storm. Mr. Dewey stated there is no problem in dry conditions, but when it rains hard there is an overflow situation. The DEC will allow development to occur if the developer acknowledges the problem and repairs the leaky sewers. They must eliminate the storm water coming into the sewer and cut it back by a ratio of 4:1. People have to disconnect their downspouts so that water goes to the storm sewer and the leaky sewers must be lined, which the town is currently doing. The town is also studying the sewers and when the study is done Mr. Montz will inform them where the leakiest sewers are so the developers can fix them. By doing this, when it rains they will not convey storm water anymore. The flow in the pipes will be reduced and they will only convey sanitary sewage.
Councilman Clarke could not see how adding more to the sewer will solve the problem and suggested that they wait until the sewer problem is resolved before proceeding with the project.
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Mr. Lorigo stated that this is a partnership between the DEC, Town Engineer and the developer. The Town Board can appropriate funds to fix the problem and should be doing that if they have the funds. A development such as this will add to the town’s resources because for every gallon they put into the sewer they have to remediate four gallons. This is a benefit to the town both financially and with regard to the time frame for remediating the sewers. Mr. Lorigo asked Mr. Montz if there was capacity for this project and if the addition of this project with additional funds will assist with remediation of the existing problem.
Mr. Montz stated that in his opinion there was capacity for the proposed project. They checked the existing flow in approximately four manholes downstream and checked it over a period of five days, two of which were considered wet weather days. There was capacity in the downstream system. Mr. Montz further stated that the proposed project with additional funds will assist with remediation of the problem and the time to do that is in October because they are in the middle of a sewer system evaluation study that is about half done. By mid-October there will be recommendations from the study and he had discussed this with Mr. Doleski who also thought that was an excellent time to get together with the developer and DEC and agree on which items the developer can do or work out a financial arrangement to have them done.
Mr. Lorigo referred to the existing buildings on the site and stated that the 3-story dormitory buildings will be demolished and the only building that will remain is the Lambein building. The two apartment buildings will then be constructed on the 20.5 acres. Site lines were shown to demonstrate the site situation and Mr. Lorigo noted that Mr. Young owns Seasonal Landscaping and understands how to install landscaping to block the line of site with trees.
David Bonner, Gervan Drive, agreed that People Inc. provided a service to seniors and that more facilities like the proposed project were needed to accommodate the baby boomer group, but they should not be built in Sewer District #13. He could not find any sense in overloading a sewer system that was already poorly designed and noted that the engineer said the 4:1 mitigation will reduce, not eliminate, the sewage that backs up on the properties. Mr. Bonner stated that he did not have an argument with People Inc. and found it ironic that Mr. Lorigo would focus on that in his presentation and touch very little on the fact that the other part of the project is the massive, 3-story, 128-unit apartment building. Mr. Bonner presented a document that outlines the residents’ feelings on this issue and requested that the Town Board deny the special permit. He further asked that Supervisor Piotrowski recuse himself from voting on the special permit and referred to minutes from the December 21, 2005 Planning Board meeting when Mr. Young was proposing an apartment complex on Seneca Street and Supervisor Piotrowski’s father, a NYS Real Estate Appraiser, commented on how the project would diminish the value of other properties in the area. He also commented on the saturation of apartments in town and the number of vacant apartments in other
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complexes. Mr. Bonner referred to the 15 questions from the fire department and stated that none of them were addressed during the SEQR. He was told that these would be taken care of during site plan review; however, because of the size and nature of the building, he thought fire and rescue were of primary importance to consider before any vote is taken. Mr. Bonner stated that although the proposed 128-unit facility is specified for seniors, federal guidelines state that senior housing apartments must allow 20 percent non seniors and this could have a big impact on the school system. He also understood that a facility could be challenged in court if they refuse to rent to someone under 55 if they have an available unit. Mr. Bonner commented on an article in the July 22, 2010 West Seneca Bee concerning a study in Sewer District No. 13 and remediation that is expected to span about 18 years. He also stated that he could not tell if the NYSDOT had signed off on the portion of the SEQR study relative to traffic congestion and noted that the traffic they studied was for a school that was almost out of business on the site. Mr. Bonner referred to the town’s Comprehensive Plan and hoped the Town Board would take it into consideration when deciding on this project. It is supposed to be the road map for the town and it outlines what is most important to the residents and the threats and weaknesses. The high traffic volumes on Union Road were a threat to making the Union Road corridor a town center and a zoning change that added traffic to the area was contrary to the Plan. Mr. Bonner commented on the wetlands and green space and stated that the Houghton College site was deemed to be a critical environmental area by a committee that consisted of a wide spectrum of the town’s population. He encouraged the board members to read the information on SEQR contained in the submittal and suggested that the Town Board become lead agency since the special permit is their decision not the Planning Board’s. Mr. Bonner referred to the DEC letter dated July 30th that states “no sewer line connections will be authorized for the Southgate Commons Senior Community Project until the appropriate flow information and other documentation is provided for review purposes, and mitigation project(s) has/have been carried out to provide the actual extra sewer line capacity,” and stated that they were saying the project could not move forward. The same letter also requested copies of the Planning Board minutes, resolutions passed with respect to the negative declaration, possible sanitary sewer overflow correction possibilities that might have been proposed, and addresses or location information relating to property owners that were complaining about the recent overflow and sanitary waste on their properties. Mr. Bonner questioned if this information had been forwarded to the DEC.
Supervisor Piotrowski stated that the complaints would be coming in to the Engineering Department so they would forward that information to the DEC.
Town Engineer George Montz stated that he had not received any complaints but he will forward them when received.
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Mr. Bonner stated that when the petitions were being circulated opposing the proposed project, the residents were not happy about anything being built in Sewer District 13. He recited a letter he sent to the DEC in response to their July 30th letter calling to their attention the Leydecker Road pump station that has a bypass line that brings sewage directly to Cazenovia Creek during heavy rain periods that overflow the capacity of the pumps in that station. He also understood that the bypass line did not currently have a permit from the DEC and other bypass lines within the town do. Mr. Bonner commented that the problem in Sewer District 13 was much larger than the SPDES reports indicated and he asked Mr. Montz to comment on the bypass line that runs from the Leydecker Road pump station.
Mr. Montz stated that they were currently reviewing it and will be discussing and addressing it with the DEC shortly.
Mr. Bonner stated that not only is there 143 million gallons of raw sewage flowing into the area, the creeks & streams, front lawns, and basements, the bypass line that is unpermitted, undocumented, and unmeasured adds untold millions of gallons more. He did not fault Mr. Young for wanting to build but stated that the problems with Sewer District 13 should be fixed before any large construction takes place.
Jim Byrne, Park Lane, stated that in 1982 a developer wanted to put 128 housing units and 60 HUD units on the same property. At that time, the Town Board denied the project at the first meeting, based on the fact that the infrastructure in West Seneca could not take additional multi-family structures. Mr. Byrne questioned what had been done since that time to contribute to the protection of the taxpayers so they are not facing the existing problems. He noted that in 2003 the town received a letter from the DEC informing them that they had to bring their sewer system in line under some type of agreement and Sewer District 13 cannot work for this project. Mr. Byrne questioned if the town had ever been fined with regard to the sewer issues.
Mr. Montz was not aware of the town being fined in the last 25 years and stated that they were under a consent order. They recently finished an inflow and infiltration study and a list of areas was prioritized. The next step is the pilot sewer study and they expected the results by the end of October.
Melissa Peters, West Seneca resident, stated that Mr. Young was willing to help fix the problem with Sewer District 13 and she did not understand why people would oppose that. Although there is a sewer problem, Ms. Peters felt the residents were opposed to the People Inc. project. Ms. Peters thought the proposed project would be a safe and affordable place for seniors to live. There will be less emergency calls because the residents will not have large houses to take care of, and therefore, less chance of injury.
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Steven Walters, Supervisor of the Town of Hamburg, stated that he was asked by People Inc. to attend the meeting to share his town’s relationship with them. The Town of Hamburg entered into a partnership with People Inc. in 1992 when they built Iris Housing, a senior housing complex. As part of the partnership, People Inc. gave the town almost 4000 sf of space for use as a senior citizen center. Since that time, the town has built a therapeutic aquatic center, senior fitness center, meeting hall, dining room, and recreation room in the space. They again gave the town space a couple years ago when a second People Inc. facility opened and by the end of this year there will be a senior technology center opening. These were things the town did for their seniors that they could not have done without People Inc. Supervisor Walters commented on the question of property values of the homes immediately surrounding the People Inc. projects and stated that they did an analysis and found that the average homes were in line with average homes throughout the town. More importantly, the values of the homes surrounding the People Inc. properties increased up to four times from 2007 to 2010. Supervisor Walters further stated that although Hamburg’s beaches have been closed in the past due to sewer overflows, a study indicated that the overflows were not coming from within the Town of Hamburg, they were coming down the creeks into the east bay of the lake. There was a similar problem in the section of town near the Wal-Mart Super Center and Wal-Mart did a 4:1 mitigation project. During the last two years there were no sewer overflows, so the mitigation efforts do work.
Eleanor Paul, Gervan Drive, stated that she is a senior citizen and has lived in her home for the past 54 years. She and most of her neighbors built their homes and still reside there. Ten to twelve of the residents are 80 years of age and older and some have their children living with them and help them. Mrs. Paul was opposed to the proposed project because she enjoyed the Houghton College property for so many years. She was not happy with the proposal for a 3-story building and suggested that the town take over the property and put the historical society, band shell or senior citizens center there. The Police Department could then move to the senior citizens center on Seneca Street and that would solve their problem of needing more space. Mrs. Paul also referred to the eyesore properties in town such as the old Bellwood School, the former Seneca Mall site, and the former Tops Market on Ridge Road, where this project could be located.
Timothy Murek, West Seneca resident, did not believe the project should proceed until the DEC study is done. He further suggested that the Town Board require Mr. Young, or any developer, to post a bond to cover any future problems that might occur with the sewer. Mr. Murek thought it was odd that Hamburg Supervisor Walter would speak at this meeting and stated that he would be checking to see if he got any contributions from Mr. Young or People Inc.
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Lucy Murray, Orchard Park Road, stated that she calls the Engineering Department up to eight times each year to advise them of the raw sewage in her yard and have someone come out and clean it up. At times when it rains, there is a 5 to 6 foot high fountain coming from the sewer. Mrs. Murray stated that she approached the Town Board about this in 1993 and was told there was nothing that could be done. The town has continued to develop since then and the 4:1 mitigation was done, but the problem has not lessened. Mrs. Murray stated that the problem in her front yard still exists and asked that any permits for Sewer District #13 be denied. She noted that she was not against seniors; she was against the sewage in her front yard.
Jeannette Zahm thought that the town will miss a great opportunity to have a premier campus for their seniors if they turn this project down. She could not see the property being used for single family homes and suggested that West Seneca do as Hamburg did and be proud of it. Mrs. Zahm agreed that the sewage problem needed to be addressed and thought it was great that a developer was willing to invest in and correct the problem. If Mr. Young is unable to do that, she did not believe the project should proceed. Mrs. Zahm stated that seniors want to be independent and do not want to have to depend on their children.
Caren Kolerski, Lyndale Court, referred to the inscription “A Community of True Inspiration” on the town seal and questioned where the inspiration was and if the vision for the town was becoming rather narrow. She would not want sewage in her front lawn and agreed that the sewer problem had to be fixed. Ms. Kolerski stated that the seniors deserved a beautiful place to live, but the residents with sewage in their yard also deserved a beautiful place to live. She suggested that instead of saying “we can’t” they should be saying “how can we make this happen in West Seneca.” Ms. Kolerski referred to a statement from Dr. Bill Thomas, a gerontologist and founder of the Eden Principle with new ways of housing elders, “There are three things that will kill our elders – loneliness, boredom and isolation.” She had an opportunity to hang out with seniors at these apartment complexes and they are creating a great sense of community and family. Ms. Kolerski suggested that everyone stop and consider what they are actually afraid of with this project and thought that some may be afraid of aging, death and loneliness.
Joe Yezzi, Elmsford Drive, stated that he was not against the senior project at Houghton College, but he thought they should take care of the sewer problem first. He has lived on Elmsford Drive 26 years and the sewers continue to back up in his basement. Mr. Yezzi could not see adding capacity to a system that is already overloaded.
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Mr. Montz stated that the town has been lining sewers along the Orchard Park Road trunk system for the last ten years. This year they have a project under contract for lining along East & West Road and Elmsford Drive is planned for next year. Under the inflow and infiltration study, the section of sewer along Orchard Park Road was the tightest section of sewer of about 20 sewer sheds, so that area was the best with regard to infiltration. They were also able to eliminate one of the overflows located at W. Cranwood Drive and Orchard Park Road as a result of the lining project.
Lucy Murray realized that the relining project was not finished, but stated that it has not eased the situation. The lining is taking care of the water coming down through the lines on the sides of the roads, not resolving the problem. She referred to the sewer camera purchase at this meeting and questioned where it will be used and why it has taken this long to order a sewer camera.
Mr. Montz responded that this was not the town’s first sewer camera; it was an upgrade to the existing system. They had to bring the existing television system up to current standards because the old one was ten years old.
Thomas McGowan, Carla Lane, referred to problems he has experienced with Lily’s Place on Southwestern Blvd. that he thought will also be a problem for the residents if the proposed project is approved. Instead of looking at 3.5 acres of trees behind his house, Mr. McGowan now looks at a four foot pine tree and an apartment building, of which the first floor is slightly higher than his second floor so he no longer has any privacy. Over the last couple weeks, the residents of Carla Lane had their back yards flooded from the apartment complex. This happened after the trees were planted and the landscaping done. Mr. McGowan stated that since April 2010, he and his neighbors have endured loud music from the foreign workforce, dust, noise from the roofing and portable generators, and house shaking from heavy construction equipment. He did not expect that project to be as large as it is or that 3.5 acres of trees would be destroyed. Mr. McGowan commented that the surrounding residents were not anti-senior; they just wanted what was best for the town and their neighborhood. He did not believe that Mr. Lorigo or his clients had a good track record when it comes to the truth. Buffalo RV did not fulfill everything they said they would, i.e. snow removal. All snow was supposed to be taken to the west side of the project so it could melt into the nearby holding pond, but that has not happened. They were also supposed to plant $100,000 to $150,000 worth of trees along the back of Buffalo RV, but that did not happen. At the Planning Board meeting for Lily’s Place, the board members proposed a road around the back side of the project in case of a fire. Currently there is no paved road and only a bunch of decorative blocks not wide enough for a fire truck to turn around and it does not go completely around the building. He further stated that the landscaping and other debris was pushed onto his property and after contacting the Code Enforcement Office they promised it would be taken
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care of. Mr. McGowan stated that he found out Mr. Lorigo and former Supervisor Clark had some kind of working relationship when Buffalo RV appeared before the Town Board for a vote and the Supervisor should have recused himself. He expected to see a change in the way the Town Board does business since there are now three new members. Mr. McGowan asked each of the board members if they had a working relationship with Mr. Lorigo and all three responded “no”. He referred to a newspaper article that stated Mr. Young does not build these housing projects if the property needs a code change and stated that this was not a true statement since Lily’s Place needed a code change. Mr. McGowan also read that Mr. Young had stated that the Houghton College project was a “done deal” even before the Planning Board voted on it and he thought that Mr. Young had a lot of nerve to say that and was bold and brass. He asked that the board members visit Lily’s Place and see what it has done for the residents of Carla Lane and Crofton Drive. Mr. McGowan thought it had ruined the character of the neighborhood in many ways and the project at Houghton College would be worse because it was much larger.
Councilman Clarke stated that he recently visited Lily’s Place and he questioned what happened to the trees that were supposed to remain along the property line of the Carla Lane residents.
Mr. Lorigo stated that it was the responsibility of the Code Enforcement Office to enforce what is approved on a project and part of the minutes.
Code Enforcement Officer Robert Pinnavaia stated that Lily’s Place did not yet have a certificate of occupancy so his office had not conducted a final inspection. He understood the drainage problem was fixed and the residents were satisfied with the swale and regrading. With regard to the decorative block, Mr. Young asked the Code Enforcement Office if he could install a special stone instead of pavement that would beautify the rear of the building and still be able to support fire apparatus. Mr. Pinnavaia requested information that the blocks would withstand the pressure of a multi-ton vehicle and Mr. Young furnished that information, so he allowed the decorative blocks to be installed. The plan will be reviewed and any trees that were supposed to be there will be planted before a certificate of occupancy is issued.
Johanna Guenther, Neubauer Court, stated that the Town Board’s first priority was to protect and watch over the residents and if they don’t do that no one else will. She commented that the appearance of the town was not what it should be and also noted that the people opposed to the project were not against senior citizens. Mrs. Guenther thought that the Houghton College site was a jewel for the town and would be a perfect place to make the town center. She suggested moving everything over there instead of building apartments that are not just for West Seneca residents. Mrs. Guenther further commented on the nightmare Sewer District 13 has been and urged the Town Board to vote on this issue at this meeting.
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Arlene Vogt, Union Road, stated that she works with senior citizens every day and loves her job, so no one could say she was against seniors. Mrs. Vogt stated that she built her house 15 years ago and if this project is approved she will no longer have beautiful trees to look at. This was a single family home neighborhood and she thought it was unfair to the residents to put this project at this location.
Maryann O’Day, Brookside Drive, stated that she lived in West Seneca her entire life and has worked for People Inc. for 22 years, 10 of those years in a senior apartment complex. She commented on the desperate need for senior housing and their huge waiting list and asked that the Town Board not drag their feet on voting on this issue. Ms. O’Day stated that they needed to work things out and were trying to offer a compromise.
Beverly Leising stated that she attended the July 19th Town Board meeting and offered to help with the sewer problem at 1021 Orchard Park Road and still nothing has been done to clean up the top of the manhole at that location.
Mr. Montz stated that he will have his office assess the situation tomorrow and get it cleaned up.
Mr. Lorigo agreed there were legitimate issues with regard to the sewers, but referred to comments about subsidized rental property made by Mr. Bonner when the project was initially proposed. Mr. Lorigo understood there was a lot of negative sentiment and misinformation at the beginning and that was the basis that got people involved in the campaign against the project. He noted that there will be no impact on the schools because school age children will not be living there, but 32 of the 37 acres will be paying school taxes. There is no tax revenue currently coming from the property. Also, under federal and state law senior complexes have a right to be strictly senior complexes and HUD mandates that for 40 years the property must be maintained as senior housing for those 62 years of age and older. Mr. Lorigo commented that this was an excellent project and it fit all the zoning requirements in the town. The sewers have been a problem since 2003 and the problem was not created by this project. Mr. Lorigo noted that no developer ever used the 4:1 ratio until it was proposed for the Camelot Square extension on Angle Road and this will be the second project that will benefit the town by providing more funds to resolve the sewer problem.
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David Bonner agreed that the signs originally displayed in the residents’ front yards on Union Road were in poor taste and he apologized for the wording on some of the signage. He stated that five months ago when the project was initially proposed they were unaware of the magnitude the town was facing. Mr. Bonner stated that he and no one associated with him is opposed to People Inc. or senior housing of any type being built in West Seneca, except for in Sewer District 13. If Mr. Young or any other developer in the future can first fix the problem that exists in Sewer District 13, he will be the first one with a shovel to dig the first hole on the Houghton College property.
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Councilman Clarke, seconded by Councilwoman Meegan, to table this item.
Ayes: All Noes: None Motion Carried
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5029 CLINTON STREET, BEING PART OF LOT NO. 9, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR USED CAR SALES” in the Town of West Seneca, received and filed. (George Boller)
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:50 P.M.
Ayes: All Noes: None Motion Carried
_______________________________________
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK