Nellis called the Work Session of the Eden Town Board to order at
Pledge of Allegiance:
Nellis led the assembly in the Pledge of Allegiance to the flag followed by a
moment of silence.
Nellis introduced Jacob Podyma who is attending the Town Board Meeting to earn
a Merit Badge for Boy Scouts.
New and Unfinished Business:
of Verizon Settlement
Supervisor Nellis stated that on
the advice of William Trask, Town Attorney that
this item be tabled and moved to
“Old Business” to be reviewed and discussed at a future Town Board meeting.
Use Permit for Dog Boarding/Grooming Kennel – 8797
East Eden Road
Supervisor Nellis stated that Cindy
Kugler, GIS Clerk had supplied the Town
Board with a map of the area, including 8797 East Eden Road.
Pew requested the Town Board to consider any conditions that would be placed on
the Special Use Permit by the Town Board to address concerns of the neighbors
in the area.
Nellis stated that the owner would need to supply the Planning Board with a
site plan and that any resident could attend the Planning Board meeting to
express their concerns at that time.
Administrative Assistant stated that that line of questioning was presented by
our Dog Control Officer and there are rules and regulations pertaining to dogs
through the laws that our DCO follows.It would be the same thing as if any resident called to complain about a
neighbor’s dog barking or if a dog is barking at the facility.Our DCO has to respond according to the rules
and regulations provided by the New York Department of Agriculture &
Pew asked if Legislation is now in place for barking dogs and Mrs. Knack
responded that, yes Legislation is in place.
Supervisor Nellis read the
SPECIAL USE PERMIT
FOR THE PROPOSED
EAST EDEN ROAD
Town of Eden has received a request for a special use permit to construct a Dog
Boarding/Grooming Kennel at 8797 East Eden Road, Eden, NY; and
WHEREAS, the EdenTown board has reviewed the
proposed Dog Kennel and received a positive recommendation from the Eden
Planning Board; and
Dog Kennel will not adversely affect the natural resources of the State and/or
health, safety and welfare of the public and is consistent with social and
NOW, THEREFORE BE IT RESOLVED that a Special Use
Permit for the proposed Dog Boarding/Grooming Kennel at 8797
East Eden Road be approved with the following
Site Plan is prepared in accordance with Town specifications and approval
of said Site Plan by the Eden Planning Board.
proposed Facility shall be constructed in compliance with other applicable
Town and/or Building Codes.
Special Use Permit shall be subject to annual renewal by the Eden Town
Board and be effective from February
28, 2007 to December
MOTION was made by Supervisor Nellis to approve the
resolution as presented; seconded by Councilman Krycia; “Ayes”; Nellis, Krycia,
Vacco, Ventry; Opposed? – Pew; Abstain? – None; Motion carried.
Use Permit for Eden
Supervisor Nellis stated that he
has spoken to all parties in question including
Sue Singer from New York State and she stated that they were
in good standing and that New York State does not do square footage as it
relates to playgrounds, that they are concerned with safety and they are
satisfied that the daycare has met that requirement.
Nellis read the following Conditions of Special Use Permit for
Maintain capacity at 85 Children,
i.e., no more than 85 children at any one time with capacity further defined as
8 infants, 20 toddlers, 26 pre-schoolers and 31 school-aged children.
The following conditions shall also
1, 2007 , site
plan review and approval by the Town of Eden
will be required prior to the placement of any new playground equipment or any
proposed change in location of existing playground equipment.A Sketch Plan will be acceptable for the
purpose of sitting playground equipment.
·Eden KinderCare will erect 2 signs at the
playground indicating, “Playground intended for day care use only”.
·Eden KinderCare staff shall provide on a quarterly
basis to the Town Code Enforcement Officer (March, June, September, December) hourly attendance figures for each operating day
in said quarter.
·Eden KinderCare will reverse the traffic flow
for drop-off and pick-up of children attending the Day Care.Vehicles will be required to enter the Woodside
Drive entrance and exit on to East
·Eden KinderCare will advise the Town of Eden
of any status change in their State License.
Vacco asked if the Ohmit’s were aware of the conditions and Supervisor Nellis
stated that all the conditions were previously touched upon, either in their
comments or gathered in the public hearing.
Pew stated that although we must be conscientious of the consideration of the
neighbors, she personally feels that daycare facilities are very much in need
and demand in the Town of Eden and she is definitely in favor of the increase
to 85 children to be granted, based on the need in our town.Her concerns are that some of the
stipulations that are being suggested, such as the site plan for the placement
of the playground equipment or any proposed changes to the location of
equipment is aridiculous condition to
be placed on the daycare center, and at that point language was added to the
above-mentioned conditions to accept a “Sketch Plan”.
Vacco inquired about the hourly attendance and if that would require extra time
for the daycare.Mark Hartman, President
of St. John’s Church stated that
the census numbers are probably submitted to the state on a regular basis.
Nellis stated that the concerns expressed in a note received from Roger Brandt
indicated that the daycare center is expanding rapidly, although after checking
with Tammy Winter the numbers are good but there is no long waiting list and
they are not bursting at the seams.
Hartman stated that daycare centers do not have long waiting lists; they have
to move children through, with some children only there early morning, catch
the school bus and then return after school, which is part of the 85
MOTION was made by Councilman
Vacco to approve the conditions set forth for the Special Use Permit for the
Eden KinderCare; seconded by Councilman Krycia; All “Ayes”; Opposed? – None;
Abstain? – None; Motion carried.
Hartman stated that she finds it very sad that as a daycare and a church that
the Police have to come and we have to put signs up stating that we don’t want
people there and that parents and grandparents can’t come by and let their
children enjoy the playground equipment.To put signs up on a church-owned business, especially in the Town of Eden
is very sad.
Supervisor Nellis received
correspondence from Schmitt Fueling Growth
regarding diesel installation for
Eden Shurfine located at 8081 N. Main Street,
New York.Supervisor Nellis recommended that this
information be referred to the Planning Board to be discussed at their meeting
to be held on March 27, 2007.
MOTION was made by Councilwoman Pew to refer this
item to the Eden Planning Board to be discussed at their meeting on March 27, 2007; seconded by
Councilman Krycia; All “Ayes”; Opposed? – None; Abstain? – None; Motion
Nellis will be attending NIMS training on March 1, 2007 at the fire facility in Cheektowaga.
Hearing of Visitors:
MOTION was made by Councilwoman Pew to adjourn the
Work Session Meeting of the Eden Town Board; seconded by Councilman Ventry; All
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Nellis adjourned the Work Session Meeting of the Eden Town Board at
Nellis adjourned the Executive Session of the Eden Town Board at
of Eden, Town Hall, 2795 East Church Street, Eden, New York 14057-0156
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