Board Meeting Minutes 06/07/2010
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2010-09
West Seneca, NY 14224 June 7, 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
9-A MINUTES TO BE APPROVED
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve Minutes #2010-08 of May 17, 2010.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the May 24, 2010 bid opening for the East & West Road Watermain Replacement Project.
Ayes: All Noes: None Motion Carried
· Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve minutes from the June 1, 2010 bid opening for one field rake.
Ayes: All Noes: None Motion Carried
9-B HELD OVER PUBLIC HEARING
1. Re: RENEWAL OF THE CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE TOWN OF WEST SENECA AND TIME WARNER CABLE, in the Town of West Seneca.
9-C 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 SPECIA PERMIT FOR PROPERTY LOCATED AT 1696 ORCHRD PARK ROAD, BEING PART OF LOT NO. 414, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR A FIVE-UNIT APARTMENT BUILDING” in the Town of West Seneca, be received and filed.
(Sean & Maria Hanley)
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 May 13, 2010 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1696 Orchard Park Road, being part of Lot No. 414, changing its classification from R-60A to R-60A(S), for a 5-unit apartment building, conditioned upon appropriate screening of the lot.” Supervisor Piotrowski noted that letters and additional documentation were received from Paul Ardovini and Jim & Kelley Widmer along with a petition from residents of Orchard Park Road. Town Attorney Shawn Martin had also advised that the current zoning for the parcel was actually R-50.
The petitioner, Sean Hanley, stated his intention to build a 2-story, 5-family rental building at 1696 Orchard Park Road. He referred to other apartment buildings and townhouses in the area and thought his proposal would fit the character of the neighborhood. Mr. Hanley stated that he will be the owner and manager of the building and it will be well maintained as his other rental properties are.
Councilman Clarke stated that he visited the site this date and thought the proposal was a little out of character for the neighborhood. He questioned if Mr. Hanley planned to clear the thick bushes on the site.
Mr. Hanley responded that he did not plan to clear any more than needed for construction, but he would be getting rid of the billboards on the property.
Councilman Clarke questioned how high the building will be and the positioning of it, noting that the way it’s positioned could take away the scenic view from the neighbor. He stated that no one was against the proposal but they were concerned about the building being positioned sideways on the lot.
Mr. Hanley stated that the lot was 98’ wide and 25’ side setbacks were required. That would only allow the building to be 48’ wide and make it impossible to build even a two-family home.
Councilman Clarke suggested that Mr. Hanley attempt to work something out with the neighbors.
Mr. Hanley stated that he had talked to the neighbors and did not know if there could be a resolution. He noted that the building was less than 100’, so it was not outrageous and was not much larger than any other building in the neighborhood. Mr. Hanley commented that most people will oppose anything that is proposed for a vacant lot next to their homes. He stated that all his projects are nicely done and do not detract from the value of the neighborhood.
Ernie Bogenreider stated that he owns the 4-family apartment building at 1700 Orchard Park Road and he thought Mr. Hanley was trying to overuse a 98’ lot by putting five units on it. He was concerned that the proposed building maintain the alignment between his building and the house next door. Mr. Bogenreider further commented that the proposed 30’ driveway may cause a lot of drainage problems.
Paul Ardovini, Orchard Park Road, thought the Planning Board had only recommended a 4-unit apartment building for the site.
Mr. Martin responded that based on the R-50 zoning a fifth unit was allowed.
Mr. Ardovini stated that the residents were not opposed to building on the lot as long as the building was properly designed and placed. There were options that would benefit Mr. Hanley and his future tenants and give an aesthetic value to the property and maintain the neighborhood feeling. Mr. Ardovini stated that all the multi-family houses on Orchard Park Road, East & West Road and Leydecker Road face the road and this was the main concern of the residents. The current placement of the proposed building was at 50’ from the rear edge of Mr. Ardovini’s house, so the front windows will face bedroom windows at the rear of his home. The existing 6’ fence will not screen a two-story building and screening from the trees will be reduced in the winter when there are no leaves on the trees.
Jim Widmer, Orchard Park Road, stated that he was not opposed to Mr. Hanley developing the property as long as it is done properly. With the current proposal he will lose all privacy and aesthetics.
Code Enforcement Officer Robert Pinnavaia stated that the neighbor to the south wants the building even with his and the neighbor to the north does not want the building in his back yard, so there is not much property for Mr. Hanley to build on. The required bulk area for a 5-unit building is 28,000 sf and Mr. Hanley has 29,600 sf. Ninety feet of frontage is required and 124’ is provided. The required side yard setback is 25’ on each side and that complies, the required front yard setback is 30’ with 40’ provided, and the required rear setback is 30’ and the proposal complies. Orchard Park Road is on a 125º angle so if all the houses were setback equally they would run out of lots heading north.
Mr. Widmer questioned the depth of Mr. Hanley’s lot.
Mr. Pinnavaia advised that that lot was 267’ on the south and 339’ on the north. He further noted that there were multiple dwellings within 200’ of the site that were built sideways on the lot, specifically at the corner of Westview Drive and Dover Drive and also Country Peddlers where the side of the building faces Orchard Park Road. Mr. Pinnavaia stated that the proposed 5-unit dwelling was in conformance with the Town Code.
Mr. Ardovini stated that although Mr. Hanley has sufficient bulk area and the buildings Mr. Pinnavaia referred to are oriented 90º to other buildings next to them, the buildings on Westview Drive and Dover Drive are in multi building complexes so they really only interfere with their own complexes. The proposed 5-unit building does not fit sideways between to single family homes.
Supervisor Piotrowski questioned how the proposal was changed from the 4-unit building.
Mr. Hanley responded that when he first approached the town to see what he could develop on the property, he thought the zoning was R-60 which only allowed for a 4-unit building. After reviewing the site plan and survey, Mr. Pinnavaia determined that the property was zoned R-50 which allowed for five units. Even with a 4-unit building there would still only be 50’ width to build on.
Supervisor Piotrowski suggested a single 4-unit building with an upper and lower in the front and an upper and lower in the rear.
Mr. Hanley stated that he was hoping for a townhouse appearance with each unit just over 1000 sf and having two bedrooms on the second floor.
Supervisor Piotrowski stated that 45’ would be sufficient to accomplish that.
Mr. Pinnavaia stated that another alternative would be to build two duplexes which would not require approvals from any board.
Mr. Hanley responded that along with duplexes being more costly to build he thought they would also be more of an infringement on the neighbors.
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 table this item to allow for further conversations between Mr. Hanley, Mr. Pinnavaia and the Town Board members.
Ayes: All Noes: None Motion Carried
2. 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 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, be received and filed. (George Boller)
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 May 13, 2010 meeting, the Planning Board recommended approval of the request for a special permit 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, conditioned upon the following: 1) four parking spaces for vehicle sales; 2) entrance on Clinton Street near intersection of Transit Road shall be closed; 3) six additional customer parking spaces shall be delineated on the site plan; 4) installation of a guardrail along the creek at the car wash exit.”
George Boller, Clinton Street, stated that the Planning Board had informed him that approval of the sale of used vehicles would eliminate the ability to sell gasoline on the property. The proposed site plan was developed with the intention of allowing the sale of gas to continue if he chose to do so, but if that is not an option he could change the layout of the site and eliminate the need to close the entrance near Clinton Street. Mr. Boller presented a revised site plan and stated he would like to put three additional parking spaces under the small canopy and another space near the corner of Transit Road and Clinton Street.
Code Enforcement Officer Robert Pinnavaia advised that Mr. Boller lost the special permit to sell gas since that operation has not taken place in over one year and if he wanted to sell gas again he would have to apply for a special permit for that purpose. There is an existing special permit for the car wash and detail shop along with the pending special permit for sale of used cars.
Supervisor Piotrowski questioned if Mr. Boller owned the house next door and if there was paved parking in the front.
Mr. Boller responded that his son owned the house next door and there was parking in the front.
Supervisor Piotrowski questioned if Mr. Boller was willing to give up gas sales permanently at this location.
Mr. Boller stated that as long as he was selling cars he was willing to give up gas sales.
Town Attorney Shawn Martin stated that the Town Board could make it a condition of the special permit that Mr. Boller could either sell used vehicles or sell gas, but not do both at the same time.
Supervisor Piotrowski referred to the parking spaces at the east end of the building and questioned if they would interfere with the car wash exit.
Mr. Boller did not believe this was a problem and stated that there will only be one parking space at the east end.
Supervisor Piotrowski questioned the required number of parking spaces and discussion followed on the actual number required.
No comments were received from the public.
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 table this item until Mr. Pinnavaia determines the correct number of parking spaces required and provides Mr. Boller with that figure so he can present a revised site plan to the Town Board with the parking spaces clearly delineated.
Ayes: All Noes: None Motion Carried
9-D COMMUNICATIONS
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1. Supervisor Piotrowski re St. John Vianney 10th annual 5K run |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve the request of St. John Vianney Church to hold their 5K run on July 22, 2010 beginning at 6:30 P.M. on designated streets in the Town of West Seneca. Ayes: All Noes: None Motion Carried |
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2. Town Attorney re Community Development Block Grant agreement with Erie County |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to table this item. Ayes: All Noes: None Motion Carried |
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3. Town Attorney re Payment to Arrow Appraisal for tax assessment challenges |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $3875 to Arrow Appraisal Service for appraisal work on 17 properties in the Town of West Seneca in which property owners have challenged their tax assessments, and further, authorize the Town Attorney to execute an agreement with Arrow Appraisal Service labeled First Option for appraisal work on property located at 325, 349 and 355 Slade Avenue in an amount not to exceed $2500 for a preliminary appraisal. Ayes: All Noes: None Motion Carried |
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4. Town Attorney re Resignation of Andrew Kowalewski |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to accept the resignation of Andrew Kowalewski and terminate him as part-time law clerk effective May 24, 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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5. Town Engineer re Rejection of bids for East & West Road Watermain Replacement Project |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to reject all bids on the East & West Road Watermain Replacement Project, Job No. E-0908. Ayes: All Noes: None Motion Carried |
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6. Town Engineer re Collins Avenue Reconstruction Project, change order #1 |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve change order #1 for Sue-Perior Concrete & Paving, Inc. in the amount of $22,831.86 for performing several existing storm sewer repairs and one additional tree removal on the Collins Avenue Reconstruction Project, Job No. C-0901. Ayes: All Noes: None Motion Carried |
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7. Town Engineer re Inflow & Infiltration Study Project, change order #1 |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve change order #1 for Stearns & Wheler in the amount of $167,700 for furnishing professional engineering services to perform the pilot sewer system evaluation survey and post-remedial work flow metering and reporting on the Inflow & Infiltration Study Project, Job No. I-0905. Ayes: All Noes: None Motion Carried |
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8. Town Engineer re Annual Stormwater Report & Stormwater Management Plan |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, that the 2009 Annual Stormwater Report prepared by the Western New York Stormwater Coalition be available for public review in the Town Clerk’s office June 8 – 11, 2010 from 9:00 A.M. to 5:00 P.M. Ayes: All Noes: None Motion Carried |
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9. Highway Supt. re Bid award for field rake |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to award the bid for one field rake to Cazenovia Equipment Company at their bid price of $10,313. |
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10. Highway Supt. re Bid date for repair of refrigerant piping at ice rink |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to set a bid date of June 21, 2010 at 10:00 A.M. for receipt of bids on the contract to diagnose and repair the refrigerant piping at the ice rink. Ayes: All Noes: None Motion Carried |
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11. Highway Supt. re Attendance of Greg Kluck at National Animal Control Association training |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize Greg Kluck to attend the National Animal Control Association (NACA) 100 Level I training academy July 12 – 16, 2010 at the Holiday Inn – Rochester Airport at a cost not to exceed $525. Ayes: All Noes: None Motion Carried |
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12. Highway Supt. re Purchase requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of $12668 to Siemens Building Technologies for performance assurance and maintenance relative to the energy performance contract. Ayes: All Noes: None Motion Carried |
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13. Highway Supt. re Status change for part-time laborer Mitchell Smith to seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Buildings & Grounds laborer Mitchell Smith to part-time seasonal laborer in the Highway Department effective June 1 – August 20, 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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14. Highway Supt. re Perfect attendance bonus for part-time laborers at ice rink |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a perfect attendance bonus of $.50 an hour per hour worked to the following employees that have not missed a day of work at the ice rink for the full season: Jacob Ciulla #763, 679.25 hours Dennis Rich #1575, 343.25 hours Eric Lus #620, 573 hours Rick Mingle #5250, 678.25 hours David Sadowski #8020, 547.25 hours David Helmbrecht #771, 590.25 hours 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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15. Chief Gehen re Status change for part-time Public Safety Dispatchers to seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of part-time Public Safety Dispatchers James McCullough and Andy Oscypala to part-time seasonal effective June 1 – 30, 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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16. Chief Gehen re Purchases requiring Town Board approval |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to authorize payment of the following vouchers for the Police Department: Goodyear Auto Service (tires) $2345.20 George’s Collision (repairs to car #9 & #26)$2350.00 VSP Graphics (decals for police vehicles) $4219.85 West Seneca Auto Glass (repairs to car #22)$1788.72 Ayes: All Noes: None Motion Carried |
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17. Youth/Recreation Director re Effective date change for Youth Theatre employees |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the effective dates for Kathleen Kogut and Candice Kogut from April 18, 2010 to June 26, 2010 so they can complete the current season of Youth Theatre 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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18. Youth/Recreation Director re Rate increase for part-time Clerk Typists T. Boltz & S. Flattery |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to approve a rate increase for part-time Clerk Typists Theresa Boltz and Sarah Flattery to $9.00 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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19. Youth/Recreation Director re Status change for part-time employees to seasonal |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of the employees on the attached list from permanent part-time to part-time seasonal effective June 1 – September 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried *APPENDICES* |
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20. Youth/Recreation Director re Appointment of part-time seasonal employees |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint the individuals on the attached list as part-time seasonal effective June 1 – September 30, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel. Ayes: All Noes: None Motion Carried *APPENDICES* |
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21. Youth/Recreation Director re Appointment of Grace Lattanzio to West Seneca Youth Board |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to appoint Grace Lattanzio, Center Road, to a 7-month term on the West Seneca Youth Board effective June 1 – December 31, 2010. Ayes: All Noes: None Motion Carried |
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22. Comptroller re Permanent appointment of Jodie Wysocki |
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to change the status of Jodie Wysocki from temporary Senior Clerk Typist to permanent Senior Clerk Typist effective June 8, 2010 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that the job was posted as required by the CSEA White Collar Contract and no other qualified individuals applied. |
On the question, Councilman Clarke stated that he had heard from a number of individuals that Mrs. Wysocki was somehow related to Supervisor Piotrowski and he questioned if that information was true.
Supervisor Piotrowski denied that Mrs. Wysocki was a relative.
Ayes: (2) Councilwoman Meegan, Supervisor Piotrowski
Noes: (1) Councilman Clarke Motion Carried
9-E REPORTS
· Patricia C DePasquale, Town Clerk’s report for April 2010 received and filed.
· Robert J Pinnavaia, Code Enforcement Officers’ report for May 2010 and plumbing report for March & April 2010 received and filed.
· Ruth E Breidenstein, Receiver of Taxes’ report for April & May 2010 received and filed.
ISSUES OF THE PUBLIC
REQUEST FOR BENCHES AT SOCCER PARK
Tom Kelly, Centerview Drive, asked that the town furnish permanent benches at the soccer complex similar to those at Harlem Road Park.
Councilwoman Meegan stated that she would forward this request to Highway Supt. Matthew English and it would be taken care of.
ISSUES OF THE PUBLIC
STATUS OF IMPROVEMENTS IN COURT ROOM
Karen Lucachick, Greenmeadow Drive, questioned the status of the new sound system and improvements in the Court Room.
Councilwoman Meegan advised that the town had received grant money for the improvements and work should begin in approximately 10 days. There will be a gate at the public podium with a countertop and new equipment including a 54” plasma screen with power point.
STATUS OF AMERICORPS DEBT
Karen Lucachick, Greenmeadow Drive, questioned the status of the AmeriCorps payments to the town.
Comptroller Robert Bielecki advised that the town had not received the $75,000 from AmeriCorps, but they did receive $8000 for the month of May.
SEWER DISTRICT NO. 13 ISSUES
Karen Lucachick, Greenmeadow Drive, referred to the public hearing held at this meeting concerning a multi-unit house and noted that this will be another addition to Sewer District No. 13. She understood that Sewer District No. 13 was declared as being fine and questioned who made that determination.
Town Engineer George Montz stated that he approved the request because a project that small was not even a consideration.
Mrs. Lucachick referred to the number of large developments in Sewer District No. 13 in recent years and commented on the numerous problems with sewage some residents of that district are experiencing.
Mr. Montz stated that after 10 years of lining sewers along Orchard Park Road, the inflow and infiltration study recently conducted indicated that was the best area in town.
FLOODING PROBLEM IN POLICE DEPARTMENT
Karen Lucachick, Greenmeadow Drive, referred to the flooding in the Police Department that has been going on for a number of years and suggested that the Engineering Department diagnose the problem so it can be fixed. She understood that Senator William Stachowski gave out several grants and questioned why the town could not get some of that grant money for improvements in the Police Department.
Supervisor Piotrowski advised that the town had received a grant from Senator Stachowski for improvements in the Police Department and they were working on resolving that issue.
Councilwoman Meegan noted that there will be a work session in July to discuss this issue.
STATUS OF METZ HOUSE
Amy Carpenter, Woodward Crescent, questioned the status of the person living in the Metz house on School Street.
Town Attorney Shawn Martin advised that he and former Youth/AmeriCorps Director Mark Lazzara will be meeting later this week concerning their payments to the town, the Metz house, etc.
USE OF BURCHFIELD NATURE AND ART CENTER GROUNDS
Amy Carpenter, Woodward Crescent, referred to a motion at a previous Town Board meeting relative to Fisher Price using the Burchfield Nature & Art Center (BNAC) grounds and questioned if the money they paid went to the town or the BNAC.
Town Attorney Shawn Martin advised that Fisher Price paid $500 for use of the BNAC grounds and that money went to the town’s general fund.
Mrs. Carpenter thought the money should be given to the group running the BNAC considering the number of hours that was spent to improve and maintain the grounds.
PROPERTY MAINTENANCE AND STREET CLEANING ISSUES ON BURCH AVENUE
Linda Toy, Burch Avenue, referred to the problems that occur at properties with absentee landlords and the number of police calls. She was concerned about her neighborhood and suggested legislation that would impose a fine if a certain number of police calls are received on a property. This might help to alert an absentee landlord that there is a problem with their tenant. Mrs. Toy further stated that when the town posts a “no parking” time frame for cleaning the street no one enforces the restriction and there is a lot of debris left on the street. There is also a property maintenance issue at the end of Burch Avenue where the lawn is overgrown.
Councilwoman Meegan stated that she would refer this issue to Highway Supt. Matthew English to investigate.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
ADJOURNMENT
Motion by Supervisor Piotrowski, seconded by Councilwoman Meegan, to adjourn the meeting at 8:20 P.M.
Ayes: All Noes: None Motion Carried
PATRICIA C. DEPASQUALE, RMC/CMC
TOWN CLERK