7-B    LEGAL NOTICES

1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 2650 SENECA STREET, BEING PART OF LOT NO. 34, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR AUTOMOTIVE USE” in the Town of West Seneca, be received and filed.             (Todd D. Hoffman)

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

Deputy Town Attorney William Bond read the recommendation of the Planning Board: “At its April 21, 2004 meeting the Planning Board recommended approval of the request for a special permit for property located at 2650 Seneca Street, being part of Lot No. 34, changing its classification from C-2 to C-2(S), for automotive use for bolt on auto accessories, with the following stipulations: 1) no repairs should be made on the property or included in the permission; 2) no maintenance of vehicles should be done on the property; 3) the activity is limited to the installation and sale of automotive accessories. The Planning board further noted that the special permit should be limited to 187.8’ frontage by 210’ depth and automotive work should only be done inside the building.”

Tony Occhino, 79 Hamlin, East Aurora, owner of 2650 Seneca Street represented the petitioner, Todd Hoffman, and stated that he was willing to comply with the stipulations recommended by the Planning Board. The front garage would be used for retail sale of bolt on car parts such as running boards, stereo equipment, window tinting, etc. along with skateboards and protective equipment like helmets and pads. The building would be lowered and a new garage door installed on the front where accessories would be installed. Vehicles would be dropped off in the morning and picked up later in the day upon completion. The hours of operation for installation would be 9:30 AM until 5:00 PM., but the retail store may be open longer. Mr. Occhino presented a letter from residents directly adjacent to the property stating that they had no objection to the proposed use.

7-B    LEGAL NOTICES

1.    (continued)

Marc Fuoco, 35 Stephenson Street, stated that Mr. Hoffman intended to also install car alarms and boom boxes, which would create a lot of noise in the neighborhood. He commented on the noise from the construction company located at this address and thought that many of their activities were illegal. Mr. Fuoco did not want anything that would add to the noise pollution the neighbors were already dealing with. He noted that he had applied for a special permit several years ago for property on Southwestern Blvd. to sell cars. The closest residential property was at least 300 yards away, but his request was denied. Mr. Fuoco stated that Mr. Hoffman was already advertising for installation of tinted windows and that was not permitted without a special permit.

The petitioner, Todd Hoffman, 33 Arrowhead Drive, responded that the work he would be doing would be done inside an enclosed garage, so there would not be any noise. The garage was fully insulated, drywalled and soundproof to some extent and any sound equipment would be installed inside the garage with the door closed. Car alarms would not be tested when installed and the only noise from them would be a brief chirp when they were armed or disarmed.

Mark Porter, 63 Stephenson Street, stated that he had talked to Lee & Tony Occhino of Occhino Paving about the problems the neighbors were having, and although they were willing to talk, there were still things going on that affected the neighbors. Mr. Porter had visited Mr. Hoffman’s business and thought that it looked pretty good, but he questioned how far the C-2(S) zoning would go. He was concerned that the special permit would be extended to include other automotive work that would be less desirable.

Councilman Graber responded that if the Town Board approved the special permit for Mr. Hoffman, they could place certain stipulations that would restrict what automotive work could be done on the property and limit the area of the property that the special permit applied to. Mr. Hoffman would not be able to extend his activities without reapplying to the Planning Board and Town Board.

Mr. Bond noted that the present request for a special permit only applied to a 187.8’ x 210’ area of the property, which included the building along Seneca Street and the first building behind it.

Mr. Porter stated that there was a huge amount of excess dirt on the back of the property and it was blowing into the residents’ homes and pools. He had approached the Occhino’s and asked them to put tarps over the dirt to help keep it down. The Occhino’s informed him that they had acquired some property in West Falls and would be transporting the dirt out there. Mr. Porter requested that the mounds of dirt be covered with a tarp until they were moved to another location.

Mr. Occhino responded that they were closing on the West Falls property in a couple of weeks and it would take a few additional weeks to move the dirt. He anticipated that the dirt would be removed in five to six weeks.

Mr. Porter noted that the Occhino’s had purchased a ten foot fence for the property line, but the town informed them that six foot was the maximum. After the neighbors complained, the town compromised at eight foot, but that did not help the situation.

7-B    LEGAL NOTICES

1.    (continued)

Councilman Graber stated that the Occhino’s had intended to put up a ten foot fence to minimize the impact of their operations on the neighbors, but the Building & Plumbing Department informed them that the maximum height of a fence was six feet according to the ordinance. They did not think that the Zoning Board would grant them a variance. The Town Board was unaware of this until the residents came to complain. The Occhino’s were contemplating adding some sort of screening at the top of the fence to further minimize the impact on the neighbors. Councilman Graber stated that he had communicated many of the Stephenson Street resident’s concerns to the Occhino’s and they were very responsive. Although the property was not perfect, there were many improvements that were made since the Occhino’s purchased it and they intended to make further improvements. Councilman Graber understood that everyone would not be happy, but hoped that they could make it as palatable as possible. He noted that the Occhino’s purchased environmentally sound material to hose out their trucks and had an environmental study done on the property. Councilman Graber thought that the Occhino’s wanted to be good corporate citizens, and they indicated to him that they did not intend to do anything else with that building or make any request to extend the special permit further.

Linda Grant, 29 Stephenson Street, questioned if any of the Town Board members read her letter or viewed the CD she had sent them regarding the operations at Occhino Paving. She commented that since the last meeting, the Occhino’s were trying to be quiet but she wanted to guarantee that it would remain that way. Mrs. Grant stated that there was no fence behind her home and she had to deal with rodents, kerosene cans, mosquitoes, and a broken down building with moss growing on it.

Councilman Graber stated that the Occhino’s had indicated that they intended to take that building down as soon as they were financially able to do so.

Mrs. Grant commented on the noise she had to deal with when the Occhino’s worked on their equipment 20 feet from her property. She questioned why they could not be more considerate and do that work farther away from the Stephenson Street residences.

Mr. Occhino stated that Mrs. Grant had asked that the trucks be washed on the other side of the property and they complied with her request. However, when they hired a new employee he was not aware of that. The problem was resolved shortly afterward. Mr. Occhino stated that they did not keep kerosene anywhere on the property and an environmental study was done this year by an outside engineering firm. Mr. Occhino noted that he did not want to open an automotive repair shop and the special permit request was only to help Mr. Hoffman get his business going. He would do everything he could to keep the Stephenson Street residents happy, but he did not have the financial means to change the property overnight.

Mrs. Grant stated that if their operations remained like they were the last two weeks she would not have a problem, but this spring the trucks were being washed all day long for two weeks. Last fall when Mrs. Grant complained to one of the employees who was washing the trucks, he asked her if she could smell the kerosene.

Mr. Occhino responded that kerosene was used in the burner that heated the water. It was burned in an environmentally safe unit that was brand new. The kerosene had nothing to do with what they washed the trucks with.

Robert Spencer, 30 Stephenson Street, stated that since the last Planning Board meeting the neighborhood was quieter, and that was what the residents wanted to see all the time.

7-B    LEGAL NOTICES

1.    (continued)

Mr. Occhino stated that right now 60 percent of his equipment was out on site at jobs, but in early spring they set up the equipment and in late fall it was brought back to the yard. It did get noisy during those times and he asked that the residents bear with them for those few weeks. Mr. Occhino stated that he did not work Saturdays or Sundays and his employees typically did not work them either.

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

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve the request for a special permit for property located at 2650 Seneca Street, being part of Lot No. 34, changing its classification from C-2 to C-2(S), for automotive use for bolt on automotive accessories with the following stipulations: 1) no repairs should be made on the property or included in the permission; 2) no maintenance of vehicles should be done on the property; 3) the activity is limited to the installation and sale of automotive accessories; 4) the special permit is limited to 187.8’ frontage by 210’ depth; 5) automotive work should only be done inside the building.

On the question, Councilman Osmanski stated that the special permit was one of the fallacies of the planning process. Automotive use was an allowable use under the C-2 zoning and the Town Board really could not deny a special permit request. The only thing they could do was to approve the special permit with reasonable stipulations. It allowed the neighbors to be heard and the affect on the neighbors to be limited. One of the things they wanted to change in the Master Plan was that certain uses would not be allowed until the applicant convinced the Town Board otherwise. Unfortunately, in this case the Town Board legally did not have any way to disapprove the request. They would lose in court if they tried and then there would be no stipulations. Councilman Osmanski thought that they had come to a common ground at this public hearing. He felt that the applicants were responsible individuals and caring businessmen. He also felt that the residents and the Occhino’s were trying to work toward a compromise, even if it was a slow process. Councilman Osmanski thought that Mr. Hoffman’s business would be a clean business and good for that area of town.

*APPENDICES*

Supervisor Clark abstained from voting on this issue because the Occhino’s were a client of an accounting firm that he had a financial interest in.

2.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1104 SENECA CREEK ROAD, BEING PART OF LOT NO. 288, FOR A CUSTOM IMPRINTING BUSINESS” in the Town of West Seneca, received and filed.         (Carl W. & Ann H. Brittain)

3.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ORDINANCE OF THE TOWN OF WEST SENECA REGULATING VEHICLES AND TRAFFIC AS FOLLOWS: REMOVAL OF §115-9A(7) NO PARKING RESTRICTION ON THE EAST AND WEST SIDES OF BARNSDALE AVENUE, BETWEEN INDIAN CHURCH ROAD AND A POINT 100 FEET NORTHERLY THEREFROM” in the Town of West Seneca, received and filed.

7-C   COMMUNICATIONS

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

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request of St. John Vianney Church to hold their 4th annual 5K Run on Thursday, July 22, 2004 at 6:30 PM on designated streets in the Town of West Seneca.

2.   Town Engineer re Plant 6 Pump Replacement Project, change order No. 1

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve change order No. 1 in the amount of $13,825.80 for Kandey Company, Inc., 19 Ransier Drive, for performing extra work on the Plant 6 Pump Replacement Project, Job No. P-0302.

3.   Town Engineer re Hydrant addition in WSFD No. 3 – Elwood & Barnett Drives

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the additional annual hydrant fee of $146.28 to Erie County Water Authority for the addition of one hydrant near the intersection of Elwood and Barnett Drives in West Seneca Fire District No. 3.

4.    Town Engineer re Appointment of Michael McCracken as part-time seasonal laborer

Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint Michael McCracken as a part-time seasonal laborer in the Engineering Department at a rate of $8.45 per hour effective May 17, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.    Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3900 to M/R Simoncelli Electric, Inc. for work at 75 Edson Street and $3000 to Duke’s Sales & Service for grease liquefier for the sewer systems.

6.    Highway Supt. re Title change for Lynn Burgess to Working Crew Chief

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Lynn Burgess as Heavy Equipment Operator and appoint Lynn Burgess as Working Crew Chief, Step 5, at a rate of $21.02 per hour effective April 19, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

7.    Highway Supt. re Termination of Debra McCarthy as Secretary to the Highway Supt.

Received and filed.

7-C    COMMUNICATIONS

8.   Highway Supt. re Termination of Robert Smith as Heavy Equipment Operator

Motion by Councilman Osmanski, seconded by Supervisor Clark, to terminate Robert C. Smith as Highway Heavy Equipment Operator effective May 10, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

9.   Highway Supt. re Appointment of summer help in Highway Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following as summer help in the Highway Department at a rate of $6.50 per hour effective May 10 – September 3, 2004:

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

10.   Highway Supt. re Status change for Andrew Fragale to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of Andrew Fragale from part-time to part-time seasonal effective May 10 – September 3, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Highway Supt. re Status change for Bldgs. & Grounds laborers to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Graber, to change the status of the following laborers in the Buildings & Grounds Department from part-time to part-time seasonal effective May 10 – September 3, 2004:

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

7-C    COMMUNICATIONS

12.   Highway Supt. re Appointment of summer help in Bldgs. & Grounds Dept.

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint the following summer help in the Buildings & Grounds Department effective May 10 – September 3, 2004 at a rate of $6.50 per hour:

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

13.   Highway Supt. re Attendance at 2004 Highway School

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Highway Supt. Patrick Finnegan and Deputy Highway Supt. Edward Kowalewski to attend the 2004 Highway School June 7 – 9, 2004 at Ithaca College at a cost not to exceed $900.

14.    Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2460 to Tulip Corporation for 600 blue recycling boxes.

On the question, Supervisor Clark questioned why the town was changing from yellow to blue recycling boxes.

Highway Supt. Patrick Finnegan responded that he would have to order 5000 boxes in order to get them in yellow. This order was just to hold them over until the contract was worked out. The boxes would be the same as the yellow ones except for the color and the wording on the sides. The blue boxes would not have West Seneca printed on them; they would be imprinted with “We Recycle.” Mr. Finnegan stated that this was the second order since January 2004.

15.   Chief Gehen re Purchase of accident investigation equipment

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of one (1) Radial w/Azimuth Accident Investigation Method (One Control Point “Total Station”) from Laser Technology, Inc., 7070 South Tucson Way, Centennial, CO 80112 at a total cost of $10,370.30.

16.   Chief Gehen re Bid date for two unmarked police vehicles

Motion by Councilman Osmanski, seconded by Supervisor Clark, to set a bid date of May 20, 2004 at 10:00 AM for receipt of bids on the purchase of one (1) unmarked Ford Crown Victoria and one (1) unmarked Ford Taurus police vehicle.