Board Meeting Minutes 03/01/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-03
West Seneca, NY 14224 March 1, 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.
The meeting was dedicated to the memory of Joseph Sturgess.
3-AMINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-02 of February 8, 2010.
Ayes: All Noes: None Motion Carried
3-BLEGAL 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 REZONING FOR PROPERTY LOCATED AT 2266 TRANSIT ROAD, BEING PART OF LOT NO. 227, CHANGING ITS CLASSIFICATION FROM R-60A TO C-2, FOR RETAIL DISPLAY OF PLANTS & SHRUBS” in the Town of West Seneca, be received and filed.
(Jay A.Pohlman, Esq.)
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to open the public hearing.
Ayes: All Noes: None Motion Carried
Supervisor Piotrowski read the recommendation of the Planning Board: “At its February 11, 2010 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 2266 Transit Road, being part of Lot No. 227, changing its classification from R-60A to C-2, for retail display of plants & shrubs, conditioned upon the following: 1) the rezoning will apply only to a depth of 328’; 2) a 6’ high stockade fence shall be constructed along the property lines abutting a residential zoning district (north, west, and south), including the existing greenhouse property. The Planning Board further recommended issuance of a negative declaration with regard to the SEQR for this project.”
Attorney Jay Pohlman represented Richard Flett, owner of Seneca Greenhouse and presented pictures of the 100’ x 1028’ vacant property at 2266 Transit Road. He stated that Mr. Flett only wanted to rezone the front 328’ to use for additional display of flowers at peak times. There will be a display garden along the north property line and a children’s garden area in the rear. Mr. Pohlman stated that this was a long term future project that Mr. Flett may not do right away, but he had the opportunity to acquire the property now. He would agree to a fence on the north property line, but the owner of Flappy’s, Mr. Denz, asked that there not be a fence between his property and Seneca Greenhouse. They preferred to keep an open appearance to the property with a natural buffer and plantings. There are 150 4-inch caliper trees and they will not be clear cutting the property, but will only take them out as necessary. They hoped to cut back 40’ to 60’, the minimum depth, so people exiting the facility can see the traffic and so people approaching the business from the north can see the entrance well before they get to it.
Councilman Clarke referred to the fence along Flappy’s and stated that it was not high enough so when a vehicle pulls into the property at night the lights shine into the residential homes. This was an oversight on the town’s part and Flappy’s was not agreeable to fixing the problem. He hoped this would not be a problem with Seneca Greenhouse.
Mr. Pohlman responded that most of the patrons of Seneca Greenhouse come during the day. Only during the Christmas season they might come at night to buy a tree and the majority of vehicles’ lights intersect the greenhouses or the building. Mr. Pohlman noted that Flappy’s borders on the south and west of the property.
Donald Denz, 1005 E. Main Street, East Aurora, stated that he owns 5700 Seneca Street (Flappy’s) and 5626 Seneca Street, the lot to the north on Seneca Street, and the Town Board made him take the fence between the two parking lots down as a condition of the rezoning. He stated that Seneca Greenhouse has been an awesome neighbor and Mr. Flett is a great guy. Mr. Denz did not care if a fence was put up between their properties but thought that it would matter to Mr. Flett because his business would not be as visible. He noted that this was a busy intersection on Transit Road and it was impossible to stop headlights from shining in the nearby homes. Mr. Denz did not believe that anything would be gained by putting up a fence on the south and west property lines and thought it would just be an eyesore.
Edward Zurek, 2268 Transit Road, questioned if the drainage issues brought up by Town Engineer George Montz were being addressed. He stated there is a natural swale on the property and water runs under the sidewalk. The gravel is gone and it has become a sinkhole. Mr. Zurek commented that the water should be going to a storm sewer.
Mr. Montz responded that the drainage issues were being addressed. There is an existing and a proposed drainage swale that appears to be designed to drain over the sidewalk. He will be looking at this with the NYS Department of Transportation.
Mr. Zurek referred to the trees indicated on the north property line on the plans and stated that those trees have been dead for many years. Mr. Zurek presented pictures of the north property line that abuts his property and stated his concern that there be a fence to protect his privacy. He thought the fence should extend the depth of 328’ and cross the rear of the property. Mr. Zurek stated that he has a dog that he leashes outside at times and he did not want to have children wandering into his yard and getting hurt.
Mike Kelchlin, 5622 Seneca Street, presented pictures of the property and stated that the parking ordinance does not require a fence unless there is a parking lot adjacent to it. Currently the plan shows parking for 13 vehicles, six more questionable, and four for future existing overflow. There are also stockpiles of peat moss, potting soil, fertilizer, flats of flowers, and spoils from pumpkins and flowers that are visible. Mr. Kelchlin commented on the number of trees that were cut down for Flappy’s and will be cut down for this project. He was not opposed to the rezoning and agreed that Mr. Flett was a good businessman, but asked for a fence as indicated on the plans to screen these things and Transit Road from his view.
Mr. Pohlman stated that the Planning Board required them to indicate every tree over 4 inches in caliper on the plans, but that did not mean they were cutting them all down. They were not clear cutting the property; this was a nursery and they wanted it to look natural. Mr. Pohlman commented on the height of the greenhouses and building and suggested a visual barrier as a better screening than a six foot fence.
Mr. Kelchlin stated that deer eat the shrubs so he would prefer a six foot fence that would also help with the noise.
Mr. Pohlman noted that Mr. Kelchlin was asking for a fence along the existing greenhouse property that was not the subject of this rezoning request. Also, Mr. Denz who was the immediate neighbor did not want a fence.
Mr. Denz stated that Mr. Kelchlin has no property directly adjacent to the property. He did not think Mr. Flett’s business was a problem and did not believe he should be taken advantage of.
Code Enforcement Officer Robert Pinnavaia stated that Mr. Denz may not own the property forever and that could cause a problem if the next owner wants a fence. He suggested that the Town Board follow the Planning Board’s recommendation to avoid future problems.
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adopt the following resolution:
WHEREAS, the Town Board of the Town of West Seneca has received a request for rezoning of the property located at 2266 Transit Road, being part of Lot No. 227 to change its classification of R-60A to C-2 for retail display of plants and shrubs, and
WHEREAS, on February 17, 2010 the Planning Board recommended approval of the request for rezoning for the property located at 2266 Transit Road, being part of Lot No. 227 in the Town of West Seneca, New York, changing its classification from R-60A to C-2 for retail display of plants and shrubs upon the following conditions: 1) the rezoning will apply only to a depth of 328’; 2) a 6’ high stockade fence shall be constructed along the property lines abutting a residential zoning district to the north, west, and south, including the existing greenhouse. The Planning Board also recommended that the Town Board issue a negative SEQR declaration for this project; now, therefore, be it
RESOLVED, that in consideration of the request for rezoning the property located at 2266 Transit Road, being part of Lot No. 227 to change its classification from R-60A to C-2 a negative declaration with regard to SEQR be issued for this project; and be it further
RESOLVED, that the request for rezoning of the property located at 2266 Transit Road, being part of Lot No. 227 in the Town of West Seneca, NY, be granted and the same is hereby rezoned from R-60A to C-2 conditioned upon the following: 1) the rezoning will apply only to a depth of 328’; 2) a 6’ high stockade fence shall be constructed along the property lines abutting a residential zoning district to the north, west, and south, including the existing greenhouse; and be it further
RESOLVED, that the Town Clerk is hereby ordered and directed to make such change on the zoning map and to enter a copy of this resolution with the zoning regulations in a book appropriate for its use and that this resolution be published in the West Seneca Bee, Official Newspaper of said town. This order shall take effect immediately.
On the question, Supervisor Piotrowski stated that the fence will run from Transit Road along the north boundary of the property abutting the property of Mr. Zurek. It will then extend southerly to the north property line of Mr. Denz and follow that property line, and then run southerly along Mr. Flett’s property to the point of the north line of Flappy’s restaurant.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 10 SOUTH FISHER ROAD, BEING PART OF LOT NO. 361, CHANGING ITS CLASSIFICATION FROM C-1 TO C-1(S), FOR A BANQUET FACILITY” in the Town of West Seneca, received and filed. (Carl & Annette Bueme)
3-C COMMUNICATIONS
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1.Supervisor Piotrowski re Amended retirement date for William Czuprynski |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to amend the retirement date for William D. Czuprynski to become effective February 18, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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2.Supervisor Piotrowski re Retirement of James Manley |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the retirement of James E. Manley and terminate him as Records Inventory Clerk effective March 13, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Manley served the town for 13 years. Ayes: All Noes: None Motion Carried |
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3.Supervisor Piotrowski re West Seneca Public Library yard sale |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of the West Seneca Public Library to host a “Yard Sale” on Saturday, August 21, 2010 from 9 A.M. until 3 P.M. (rain date Saturday, August 28, 2010 from 9 A.M. until 3 P.M.) on the West Seneca Town Hall property, noting that the Friends of the Library will be responsible for all setup and cleanup. Ayes: All Noes: None Motion Carried |
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4.Town Attorney re Insurance consultant contract |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize the Supervisor to execute an insurance consultant contract with the low bidder, Auricchio Insurance Agency, 3800 Seneca Street, West Seneca. |
On the question,
Motion by Councilwoman Meegan, seconded by Supervisor Piotrowski, to amend the motion and authorize the Supervisor to execute an insurance consultant contract with the low bidder, Auricchio Insurance Agency, 3800 Seneca Street, West Seneca, and authorize Town Attorney Shawn Martin to request an extension to the existing insurance contract to July 1, 2010 and prorate that premium to May 1, 2010.
On the question, Councilwoman Meegan stated that insurance agents require more than 45 days to market the risk and not affording enough time may very well discourage good agents from submitting a quote. She commented that the town deserves the most comprehensive review and noted that the insurance has not been out to bid in many years.
Ayes: All Noes: None Motion Carried
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5.Town Engineer re East & West Road Watermain Replacement Project, change order #1 |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Change Order No. 1 for Sue-Perior Concrete & Paving, Inc., 1500 Union Road, West Seneca, in the amount of $18,333.18 for replacing approximately 420 lineal feet of 12” culvert on the East & West Road Watermain Replacement Project, Job No. E-0807. Ayes: All Noes: None Motion Carried |
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6.Highway Supt. re Title change for Daniel Sadowski to highway laborer |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to terminate Daniel Sadowski as sanitation laborer and appoint Daniel Sadowski as highway laborer, Group 1, Step 1, at a rate of $22.54 per hour effective March 1, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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7.Highway Supt. re Leave of absence for Kevin Carr, sanitation laborer |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to grant a leave of absence to Kevin Carr from his position as sanitation laborer effective February 22, 2010 to February 22, 2011, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Carr has been offered a position with the NYS Sheriff’s Department. Ayes: All Noes: None Motion Carried |
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8.Highway Supt. re Appointment of Baird Hageman as sanitation laborer |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Baird Hageman as laborer in the Sanitation Department at a rate of $17.61 effective March 1, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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9.Highway Supt. re Appointment of John Kaminski as part-time laborer in Bldgs. & Grounds Dept. |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint John Kaminski as part-time laborer in the Buildings & Grounds Department to work at the Ice Rink effective March 1, 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 |
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10.Highway Supt. re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2236.80 to Gerster/Trane Sales & Service for repairs at the Ice Rink. Ayes: All Noes: None Motion Carried |
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11.Town Clerk re Attendance at NYS Town Clerk’s conference |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Town Clerk Patricia DePasquale to attend the NYS Town Clerks Association annual conference in Saratoga Springs, April 25 – 27, 2010 at a cost not to exceed $900. Ayes: All Noes: None Motion Carried |
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12.Recreation Director re Appointment of Lanie Simon as part-time lifeguard |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Lanie Simon as part-time permanent lifeguard at a rate of $7.50 per hour effective February 8, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried |
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13.Recreation Director re Appointment of David Nagy to West Seneca Youth Board |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint David Nagy to a one-year term (January 1, 2010 – December 31, 2010) on the West Seneca Youth Board representing the West Seneca Kiwanis. Ayes: All Noes: None Motion Carried |
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14.Town Engineer re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $2200 to SJB Services Inc. for drilling services and reports for the upcoming summer projects. Ayes: All Noes: None Motion Carried |
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15.Highway Supt. re Disposal of equipment |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Highway Supt. Matthew English to dispose of the following pieces of equipment no longer in service: #1093 1999 International dump truck #1089 1993 White Hiel packer #1090 1993 White Hiel packer Ayes: All Noes: None Motion Carried |
3-D REPORTS
· Patricia C. DePasquale, Town Clerk’s report for January 2010 received and filed.
ISSUES OF THE PUBLIC
STATUS OF BLACKTOP PLANT ON UNION ROAD
Brownie Michalczak, Warren Avenue, questioned the status of the blacktop plant operation on Union Road.
Town Attorney Shawn Martin advised that he had obtained some records from Mr. Hill and other sources and after review it appears that he has complied with the requirements for the special permit. There were four conditions placed on the special permit. Mr. Hill was to gain acquisition of title to the property prior to December 1, 2006 and he acquired the property in March 2006. Access to the property was to be paved with blacktop pavement and there appeared to be a blacktop pavement access. No aggregates were to be washed on site and capacity of the plant was limited to a 4-ton batch. Mr. Hill provided documentation on the machine and it is a 4-ton machine. Mr. Martin was advised that due to recent developments in the manufacturing processes, the machine was capable of manufacturing more than 4 tons, but Mr. Hill limits it to 4 tons per batch. Mr. Hill also provided permits from the NYS Department of Environmental Conservation indicating that he is in compliance and has permits to operate the facility. Mr. Martin advised Mr. Hill that the permit does not allow him to disregard other sections of the Zoning Ordinance and if the residents see any violations they should notify the town.
Mr. Michalczak stated that he has been notifying the town of violations for the last six months and commented on the atmospheric pollution, noise, vibration and odor in a residential district.
Mr. Martin stated that Mr. Hill informed him that for insurance purposes he has vibration studies performed. If Mr. Michalczak is able to document something that violates the ordinance the town will deal with it.
Supervisor Piotrowski stated that the town has Emergency Disaster Coordinators, Mike Kerl and John Gullo, that handle odor complaints. They do an inspection and prepare a report for the Town Board and Police Chief. He suggested that Mr. Michalczak contact the town if this problem arises and they will have Mr. Kerl and Mr. Gullo do an inspection.
Mr. Michalczak thought the Town Board was disregarding his concerns about the health hazards from the blacktop plant and he disagreed with the size of the plant, noting that it was a 6-ton plant and any businessman would run the plant to capacity.
BURCHFIELD NATURE & ART CENTER/AMERICORPS ISSUES
Karen Lucachick, 61 Greenmeadow Drive, referred to the separation of AmeriCorps from the Town of West Seneca that was a long time coming and other problems that were created by the former Supervisor, Council Members, and administration. She thought the current Town Board was trying to fix things, but it was an impossible mission in some cases. Mrs. Lucachick commented that AmeriCorps was supposed to vacate the Burchfield Nature & Art Center (BNAC) by December 31, 2009, but on February 28, 2010 there were 18 of their vehicles still parked there and a lot of activity going on, including trucks being loaded. She questioned who would still have access to the building at this point. Mrs. Lucachick noted that at the December 7, 2009 Town Board meeting she questioned if an inventory was taken at the BNAC prior to the AmeriCorps move and was assured by Councilwoman Meegan and Supervisor Piotrowski that an inventory was done and there were pictures and a video. She questioned if anyone supervised the procedure. Mrs. Lucachick thought that because the Youth Bureau was also housed at the BNAC much of the inventory would belong to them or the town and she questioned if anyone assessed the remaining contents. She stated that under the agreement, the town should have been paid $399,421 on or before December 31, 2009 and asked if this was paid to the town. AmeriCorps was also supposed to pay $75,000 in facility usage fees for 2009 on or before December 31, 2009 and she questioned if that was paid.
Comptroller Robert Bielecki stated that his office had not received any payment since last month when they received $8000. The lump sum payment was due in June. The latest agreement had March 1, 2010 as the deadline for the 2009 facility usage fee and that had not yet been paid.
Mrs. Lucachick noted there was to be a charge to AmeriCorps for any days after the evacuation date that they had not vacated the building. She questioned if they were now totally evacuated and if anyone was overseeing this process.
Supervisor Piotrowski responded that they were in the process of evacuating but he did not know if they had finished. He was at the BNAC Friday and Town Attorney Shawn Martin was also overseeing the move.
Mrs. Lucachick questioned the outstanding balance owed the town by AmeriCorps.
Mr. Bielecki responded that the outstanding balance was approximately $1.7 million. Some of the payments received were reimbursements from federal and state agencies.
Mike Lowe, 98 Southgate Drive, stated that on Saturday, February 27th some photographs were taken inside the BNAC indicating that the building is empty except for garbage and damage and he e-mailed the pictures to the board members and Chief Gehen. Mr. Lowe referred to three plasma screen televisions, speakers, benches, Burchfield reproductions, art pedestals, sculptures and several other things listed on initial reports and was concerned about what happened to these items. He asked that the Police Department investigate this and if necessary bring criminal charges.
Councilwoman Meegan stated that she notified Town Attorney Shawn Martin and Supervisor Piotrowski this date of her findings and Mr. Martin promised he would do everything within his power to get these items returned. She also suggested Chief Gehen be contacted if necessary.
Paula Minklei, Orchard Park Road, stated that the town received a $200,000 grant from New York State in the year 2000 and it was agreed that the money would be used to purchase and renovate the Christian Metz house, acquire another property at Union Road and Race Street, and develop historic and cultural programs at the BNAC. The town did not purchase the property at Union Road and Race Street and she could not find any evidence that it provided historic or cultural programs at the BNAC. Mrs. Minklei stated that now the town has requested that the state allow the town to give the property to AmeriCorps. The Town of West Seneca and AmeriCorps reached an agreement where the town will be released from a $30,000 obligation owed to AmeriCorps in return for receiving the Christian Metz house. The transfer of title to AmeriCorps will have no effect on the current usage of the property. The Metz house is currently used by AmeriCorps as housing for volunteers, a classroom and a meeting area. Mrs. Minklei noted that AmeriCorps was cutting its ties to the town and moving
to South Buffalo. She requested that the Town Board not transfer the Christian Metz home to AmeriCorps, who has taken town dollars for so many years, cost several costly lawsuits, is slow to bring two other properties given by the town up to code, and now is leaving the BNAC in a deplorable state. She further questioned why the town had a $30,000 debt obligation to AmeriCorps when they have been waiting so long for them to repay the town.
Town Attorney Shawn Martin stated that the town was closing out the grant agreements and projects with the state and certain tasks had to be completed before they could transfer the property. The $30,000 was a grant obligation to AmeriCorps that the town will be released from.
Mrs. Minklei opposed giving AmeriCorps the Christian Metz house and suggested the Town Board ask the Historical Society and town residents what should become of this historically significant landmark.
DRAINAGE ISSUE ON SHRLEY DRIVE
Dave Weitzel, 55 Shirley Drive and Janet Coia, 40 Shirley Drive, addressed the Town Board regarding a drainage issue in their neighborhood. Mr. Weitzel stated that there is a drainage pipe located halfway through the neighborhood that takes storm water out to the woods. The 8” pipe was installed in 1979 and it has deteriorated to a point where it does not function properly. There are roots growing in it and the Highway Department has tried to keep it clean, but it continues to clog and then the residents’ basements flood. Mr. Weitzel asked that the pipe be replaced with a larger pipe to alleviate their problem.
Town Engineer George Montz was familiar with this problem and recalled that the existing sewer was an Erie County sewer and they had come in and replaced the sewer but left the floor drains connected to the old abandoned pipe and that is plugging up with roots. Mr. Montz’s recommendation a year ago was to disconnect the sanitary floor drain from the old system and have a sump pump installed, which would eliminate the problem. He noted that this was not the town’s pipe and the Highway Department has been trying to maintain it as a gratis because it was never properly abandoned by Erie County. Mr. Montz again recommended that the residents affected disconnect the old floor drain line where it goes outside their home and have a sump pump installed to discharge the water to an appropriate location.
Mr. Weitzel stated that he and a number of the neighbors had installed sump pumps and one even has two sump pumps, but they still get water when the pipe clogs. He understood that the pipe needed to be disconnected and he had an appointment next week with members of the Erie County Legislature to try to put pressure on the Erie County Sewer Authority. Mr. Weitzel stated that regardless of the sump pumps, if the pipe clogs the water has to go somewhere, so the pipe needed to be replaced.
Mr. Montz stated that the town could go in and replace the street and build new storm sewers, but the storm sewers aren’t designed as deep as the foundation. He suggested that the County excavate the line on the outside of the house and install a clay dam in the trench where the pipe runs. This will prevent the water from backing up.
Mr. Weitzel responded that there will still be a lot of non-permeable surfaces where the water will have no place to go. He stated that the pipe between 40 and 50 Shirley Drive was put in by the town to drain the excess water and asked that the town replace it.
Mr. Montz did not believe the town had anything to do with installation of the pipe and thought it was a private installation. He will check back in the town’s records to determine who installed the pipe and who is responsible for it.
HOUGHTON COLLEGE SITE PROJECT
David Bonner, 16 Gervan Drive, referred to Bryan Young’s proposal for the Houghton College property. He understood that Mr. Young had placed a $100,000 non-refundable deposit on the property and was moving forward with trying to close on it. Mr. Bonner had a copy of an application for a special use permit for the property that will enable Mr. Young to build multi-family dwellings on the land. The current plan calls for one 3-story, 150-unit senior housing complex; two 2-story, 8-unit apartment buildings; and one 2-story, 47-unit HUD 202 subsidized low income housing unit. Mr. Bonner was concerned that Mr. Young was not being honest with the citizens. On February 2nd, some of the residents of Gervan Drive and Park
Lane met with Mr. Young, his attorney Ralph Lorigo, and a representative of the architectural firm that is drawing up the plans. At the meeting, Mr. Young and Mr. Lorigo told the residents they were at the meeting to find out what the residents wanted with regard to shrubbery, berms and screening. Mr. Young said that the property was properly zoned as is and he could develop it any way he wants, so Mr. Bonner did not understand why he would be filing for a special use permit to change the zoning. He further noted that Mr. Young was selling the 47-unit HUD property to People Inc., so he will not have any control over that portion of the property. Mr. Bonner stated that he was not opposed to People Inc., but he questioned what would stop Mr. Young from sectioning off and selling more of the property as the years go by. He did not believe Mr. Young was giving them straight answers. Mr. Bonner stated that the
Park Lane, Gervan Drive, and Union Road residents most affected by the proposal felt strongly about 277 units of rental property. This will be the largest rental complex in this area of the county and the town will realize very little tax revenue from it. He thought the benefits to the town were miniscule and commented on the amount of traffic it will create causing a necessity for Park Lane to be opened. Mr. Bonner further commented that in 1994 and 2001 Union Road, Park Lane and Gervan Drive were excavated and resurfaced and the petroleum based products dug up were dumped and buried on the Houghton College property against a wetlands area.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
EXECUTIVE SESSION
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to recess to Executive Session at 8:20 P.M. to discuss litigation issues.
Ayes: All Noes: None Motion Carried
The Town Board returned from Executive Session at 9:05 P.M.
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 9:05 P.M.
Ayes: All Noes: None Motion Carried
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK