VILLAGE OF EAST AURORA BOARD OF TRUSTEES

Transcription

1 VILLAGE OF EAST AURORA BOARD OF TRUSTEES A REGULAR MEETING OF THE VILLAGE OF EAST AURORA BOARD OF TRUSTEES WAS HELD MONDAY, OCTOBER 6, 1997 AT 8:00 PM IN THE BOARD ROOM AT EAST AURORA VILLAGE HALL. Present: Mayor John Pagliaccio Trustee Lowell Dewey Trustee Barbara Lamond Trustee Donald Nieman Trustee Christine Peters Trustee Russell Schmidt Trustee Randy Taylor Also Present: Village Administrator/Clerk-Treasurer Patrick Richey Village Attorney Tom Andruschat Code Enforcement Officer/Planner Ross Harbison Representatives of the media Approximately ten members of the public Mayor Pagliaccio called the meeting to order at 8:00 PM and asked everyone to stand and pledge allegiance to the flag. Trustee Barbara Lamond moved approval of the minutes of the September 22, 1997 regular Board of Trustees meeting as printed and presented. seconded the motion. Upon voting, the motion carried unanimously. Trustee Christine Peters stated she and the other Board members had reviewed vouchers numbered through for Fiscal Year and offered the following motion: That the Village Board of the Village of East Aurora accept and order paid Voucher numbers through for FY as printed and presented. Seconded by Trustee Barbara Lamond. Upon voting, the results were as follows: 1

2 PUBLIC HEARINGS Mayor Pagliaccio opened a public hearing at 8:07 PM for the purpose of hearing public comment upon the question of approval of a development plan application submitted by the Boys and Girls Club of East Aurora at 24 Paine Street in East Aurora for erection of a building and various site development, screening, fencing and lighting. The Mayor read the recommendation of the Village Planning Commission advocating approval of the application and then invited the applicant to present a brief review of the proposed project. Peter West, a member of the Club s Board of Directors and Building Chairman, presented the scope of the Club s plans to build a 5,600 square foot addition incorporating program, office and storage space along with associated outdoor landscaping. Mr. West stated that the addition would not increase the total area of water collection and that they owned the 85-foor deep property behind the space allocated for the proposed addition. He also said the parking issue should be addressed since the Club had no more or less parking available to it than in the past. Mr. west also indicated that the 85 foot deep space would eventually be turned into green space. There being no further public comment, the Mayor closed the public hearing at 8:12 PM and referred the matter to the Board. Trustee Barb Lamond stated most questions raised by the Board and Planning Commission had been addressed, and offered the following resolution: RESOLUTION NO.: DATED: October 6, 1997 RESOLUTION RE APPROVAL OF DEVELOPMENT PLAN FOR PREMISES AT 24 PAINE ST., EAST AURORA, NEW YORK RESOLUTION NO. DATED: October 6 th, 1997 WHEREAS, premises located at 24 Paine Street, East Aurora, New York, are in the zoning district classification which requires approval by the Village Board of development plans relative to certain activities in such zoning district classification, including the erection of new structures which require a building permit; and WHEREAS, BOYS AND GIRLS CLUB OF EAST AURORA has submitted a Development Plan calling for the erection of a building and various site development, screening, fencing and lighting; and WHEREAS, this Board has considered such Development Plan; and WHEREAS, the Development Plan, as submitted, has been determined to comply with all local Codes relative to setback, building height, off-street parking, drive through lands, drainage and signage; and 2

3 WHEREAS, the use proposed in the Development Plan is a permitted use within the zoning district classification in which the premises are located; and WHEREAS, the matter of the approval of the Development Plan was submitted to the Planning Commission of the Village of East Aurora; and WHEREAS, such Planning Commission did recommend to this Board the approval of such Development Plan; and WHEREAS, the Board did previously decide not to hold a Public Hearing on the approval or disapproval of such Development Plan; and WHEREAS, the approval of the Development Plan is an unlisted action under the State Environmental Quality Review Act; and WHEREAS, this Board, as Lead Agency, does hereby make a negative declaration under the regulations of the State Environmental Quality Review Act; and WHEREAS, the structure to be erected on said premises in compatible with the neighborhood. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That this Board does hereby approve the Development Plan submitted by BOYS AND GIRLS CLUB OF EAST AURORA attached hereto. Seconded by Trustee Don Nieman. Discussion followed with asking if a fence would be erected in the back area. Mr. West responded that that portion of the area might be a basketball court, outdoor skating center, and/or a basketball court. Upon voting, the results were as follows: SPEAKERS AND COMMUNICATIONS The Mayor reviewed the public hearing schedule of the Niagara Frontier Transportation Council on their 2010 Long Range Plan Update. 3

4 The Mayor invited comment from the public on any matter either on or not on the agenda. Bev Strong of 606 Oakwood Avenue expressed concern about being awakened at 6:30 am on Sunday morning, October 5 by the sound of jackhammer equipment in the Oakwood Square Plaza. She asked that the Board adopt a more stringent noise ordinance with more teeth to prevent similar occurrences in the future. Philip Millonzi of 574 Oakwood Avenue told the Board about a problem with drainage he had experienced in front of his house along Oakwood. He described it as a persistent problem, but one which became much worse during a recent heavy rainfall. The Board promised to have the Village staff research the matter. Neal Jacobus of 107 Center street complimented the board and Village on the recently completed sidewalk project and asked them to consider flooded as well as broken sidewalk conditions in the next phase of the project. Mr. Jacobus also stated any rezoning of property along Girard Avenue should be tied to certain property conditions such as requiring each dwelling unit to have a garage. He also stated the Board should leave terms of office alone and that the Village has a history of a continuity of projects and maintenance including a well-planned capital program and a well-equipped police and fire department. He stated if the Board wanted a plan, they should get a good plan together for Commerce Green and perhaps take the property for public use and let the town develop it. David Corbett of One Wellington Court in the Town of Aurora stated he was against rezoning property on Girard Avenue to R-G-N for the following reasons: 1) the design and density of a proposed project could be incompatible with surrounding uses, 2) he had concerns about the developer s quality and reputation, 3) He heard there were problems with the contract between Fisher-Price and the person from whom Fisher-Price bought the property, 4) He was worried about the economic effect of the proposed housing on existing housing in East Aurora asking the Board to consider the possibility Fisher-Price was placing its own interests ahead of the interests of the Village of East Aurora. and 5) he understood the proposed developer had a history of building units under the shelter of a not-for-profit organization. There were no other speakers. STAFF, COMMITTEE AND BOARD REPORTS Administration and Finance: Mayor Pagliaccio reported no new developments. Economic Development: reported no new developments. 4

5 Cultural Services: reported no new developments. Public Safety: Mayor Pagliaccio reported no new developments. Public Works: reported the schedule for brush and yard waste collection along with fall leaf collection. Code Enforcement: reviewed the building permit report for September. Mr. Richey reported that the Village s annual financial report update document for the year ending May 31, 1997 had been filed with the office of the State Comptroller and was available for public inspection during normal business hours. Mr. Harbison reported that he attended the New York State Building Code Officers annual conference in order to help maintain his certification. Mayor Pagliaccio also noted he had attended an Executive Committee meeting of the new York Conference of Mayors. RESOLUTIONS AND MOTIONS Trustee Barbara Lamond offered the following resolution moving approval of a kennel permit at 274 Sycamore street providing there are no complaints: Resolution No Dated: October 6, 1997 WHEREAS, Brenda K. Moore of 274 Sycamore Street has filed an application to keep three dogs at her place of residence at 274 Sycamore Street; and WHEREAS, The Dog Control Officer reports no violations; and WHEREAS, neighbors have been notified and no one has expressed any objection, NOW, THEREFORE, BE IT RESOLVED, That this Board does hereby approve the application for a kennel permit filed by Brenda K. Moore of 274 Sycamore Street. Seconded by Trustee Russell Schmidt. Upon voting, the results were as follows: 5

6 UNFINISHED BUSINESS Trustee Barbara Lamond moved the proposed local law rezoning a portion of Girard Avenue off of the table. Seconded by and passed unanimously. offered the following resolution: RESOLUTION NO.: DATED: October 6, 1997 RESOLUTION RE SEQRA PROCEEDINGS RE RE-ZONING OF APPROXIMATELY 27 ACRES OF LAND, BOUNDED ON THE WEST BY BUFFALO ROAD (SENECA STREET), ON THE NORTH BY THE NORTHERLY VILLAGE LINE AND ON THE SOUTH BY THE LANDS OF PARKDALE SCHOOL. WHEREAS, the matter of the possible application of the State Environmental Quality Review Act (SEQRA) upon the re-zoning of premises as above stated, has been considered by this Board; and WHEREAS, this Board has designated itself as LEAD AGENCY under SEQRA; and WHEREAS, other interested agencies have been notified of such designation; and WHEREAS, the Board of Trustees of the Village of East Aurora, New York, has made a finding of no significant effect on the environment of the project in question. NOW, THEREFORE, BE IT RESOLVED: That it is the determination of the Village Board of Trustees of the Village of East Aurora, New York, that the re-zoning of premises of approximately 27 acres of land, bounded on the west by Buffalo Road (Seneca Street), on the north by the northerly Village line and on the south by the lands of Parkdale School, East Aurora, New York, from M-P district zoning classification to R district zoning classification, shall have no significant effect on the environment and that an environmental impact statement in connection therewith is not required. Seconded by Trustee Barbara Lamond. Upon voting, the results were as follows: 6

7 Trustee Christine Peters moved approval of the following resolution: RESOLUTION NO.: DATED: October 6, 1997 FINDINGS OF FACT RE RE-ZONING OF PREMISES OF APPROXIMATELY 27 ACRES OF LAND, BOUNDED ON THE WEST BY BUFFALO ROAD (SENECA STREET), ON THE NORTH BY THE NORTHERLY VILLAGE LINE AND ON THE SOUTH BY THE LANDS OF PARKDALE SCHOOL 1. That the proposed re-zoning will not adversely affect or increase traffic flow in the area. 2. That the re-zoning will not adversely affect pedestrian and/or vehicular safety in the area. 3. That the re-zoning will cause no problems in the area of snow removal. 4. That the proposed re-zoning will not produce any increase in noise levels. 5. That the re-zoning will not produce any increase in visual pollution. 6. That the proposed re-zoning will have no detrimental effect on the sanitation. 7. That the re-zoning will have no adverse effect on the local area or the community at large. 8. That pursuant to statute, a public hearing was had on this matter, and further, pursuant to statute, Notice of such hearing was given as required by law. 9. That the provisions of the State Environmental Quality Review Act have been complied with and a negative declaration has been made by the Village of East Aurora. 10. That the matter of the re-zoning has been referred to the Planning Commission of the Village of East aurora, New York and the Planning Commission recommended that this Board approve the re-zoning. 11. That the residential use of the premises is a needed use within the Village of East Aurora and will benefit the Village of East Aurora. 7

8 12. The premises were zoned M-P to facilitate an expansion of Fisher-Price Toys. Since such re-zoning to M-P, Fisher-Price Toys has expanded elsewhere in the Village of East Aurora. 13. There is presently undeveloped land at the Commerce Green Industrial Park which it is in the best interest of the Village to develop for uses permitted in a M-P district zoning classification. 14. The premises may be compatible for residential uses other than single family residences. The re-zoning of the premises to R single family district zoning classification at this time permits the Board to control future potential residential uses of the property because of the requirement of development plan approval for the uses in other types of residential zoning districts. 15. The lands surrounding the premises in question are zoned for residential purposes. Seconded by Trustee Russell Schmidt. Upon voting, the results were as follows: Trustee Barbara Lamond moved approval of the following resolution: RESOLUTION No.: DATED: October 6, 1997 RESOLUTION APPROVING THE RE-ZONING OF PREMISES OF APPROXIMATELY 27 ACRES OF LAND, BOUNDED ON THE WEST BY BUFFALO ROAD (SENECA STREET), ON THE NORTH BY THE NORTHERLY VILLAGE LINE AND ON THE SOUTH BY THE LANDS OF PARKDALE SCHOOL WHEREAS, this Board of Trustees, on its own motion, has considered amendment of the ZONING LAW of the Village of East Aurora and the amendment of the ZONING MAP of the Village of East Aurora, to change the zoning classification for premises as above stated from its present M-P district zoning classification to R district zoning classification; and WHEREAS, the Planning Commission has recommended such re-zoning; and 8

9 WHEREAS, this Board has adopted Findings upon the question of the proposed change in zoning classification of said premises. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That a Local Law amending Chapter 93 of the Code of the Village of East Aurora, New York, entitled, entitled ZONING and amending the Zoning Map of the Village of East Aurora to change the zoning classification of the premises consisting of approximately 27 acres of land, bounded on the west by Buffalo Road (Seneca Street), on the north by the northerly Village line and on the south by the lands of Parkdale School, East Aurora, New York, from M-P district zoning classification to R district zoning classification, pursuant to Section of the Code of the Village of East Aurora, New York, be adopted. Seconded by Trustee Don Nieman. Upon voting, the results were as follows: Trustee Don Nieman moved approval of the following resolution: RESOLUTION NO DATED: October 6, 1997 RESOLUTION RE PROPOSED DEMOLITION OF STRUCTURE AT PREMISES LOCATED AT 39 S. GROVE ST., EAST AURORA, NY WHEREAS, the Board of Trustees of the Village of East Aurora, New York, is considering a request to permit the demolition of a certain structure located at 39 S. Grove St., in the Village of East Aurora, New York; and WHEREAS, the proposed action is a Type I action as defined in Section of SEQRA; and WHEREAS, the Village of East Aurora Board of Trustees is an involved agency with respect to the proposed action; and 9

10 WHEREAS, the proposed action will have primarily local impacts and the Village of East Aurora will have primarily local impacts and the Village of East Aurora Board of Trustees desires to act as Lead Agency under SEQRA regulations. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the Village Board of Trustees of the Village of East Aurora, New York proposes to act as Lead Agency under SEQRA and the Village Staff is directed to transmit a copy of this Resolution and the Environmental Assessment Form, Part 1 to other interested agencies to request their agreement on designation of Lead Agency. Seconded by Trustee Christine Peters. Upon voting the results were as follows: Mayor Pagliaccio stated that the Board was awaiting a Draft Environmental Impact Statement from Benderson on their rezoning application. The Mayor also announced there would be a public hearing on October 20 at 8:00 PM regarding changing the term of office for elected Village officials. NEW BUSINESS Trustee Barbara Lamond moved approval of a request for use of Village facilities submitted by East Aurora high School for their homecoming parade on October 17, Seconded by Trustee Russell Schmidt. Upon voting the results were as follows: Motion Carried. There being no further business, Trustee Christine Peters offered the following motion: 10

11 That the October 6, 1997 meeting of the Village Board of Trustees be adjourned. Seconded by Trustee Barbara Lamond. Upon voting the results were as follows: Meeting adjourned at 8:58 PM. Respectfully submitted, Patrick E. Richey Village Administrator Clerk-Treasurer 11