MEETING – EDEN TOWN BOARD
2795 EAST CHURCH
EDEN, NEW YORK
MAY 26, 2004
TOWN BOARD MEMBERS PRESENT:
R. NELLIS - SUPERVISOR
PEW - COUNCILWOMAN (Deputy Supervisor)
KRYCIA, JR. - COUNCILMAN
VACCO - COUNCILMAN (arrived late)
WALKER - COUNCILMAN (absent)
Hultquist - Town Clerk
Knack - Administrative Assistant
Call To Order:
Nellis called the Work Session of the Eden Town Board to order at 7:30 P.M.
Pledge of Allegiance:
Nellis led the assembly in the Pledge of Allegiance to the flag followed by a
moment of silence.
New and Unfinished Business:
on High School Musical Performance
Supervisor Nellis read the
JUNIOR/SENIOR HIGH SCHOOL’S PRESENTATION OF
“JOSEPH AND THE
AMAZING TECHNICOLOR DREAM COAT”
spring, students of the Eden Junior/Senior High School presented the musical
“Joseph and the Amazing Technicolor Dream coat”; and
realize that participation in school musicals helps to build character and
teaches a wholesome appreciation for the arts; and
really excel in any one school activity, a young person must demonstrate, in
addition to a great deal of natural ability, an outstanding spirit of
dedication, enthusiasm and hard work; and
WHEREAS, as a
result of this hard work Eden was awarded the prestigious 2004 Kenny Award for
“Best High School Musical” in Western New York; and
commendation is due all cast, crew and musical members associated with the
production of “Joseph and the Amazing Technicolor Dream coat”;
NOW, THEREFORE, I GLENN R. NELLIS, by virtue of the
authority vested in me as Supervisor of the Town of Eden, and on behalf of the
Eden Town Board and all our citizens, do hereby extend this expression of our
pride in your accomplishment and our appreciation for the fine publicity you have
brought to our school and our community as this year’s recipient of the
distinguished Kenny Award; and
BE IT FURTHER RESOLVED that Thursday, June 10, 2004
is designated “Musical Award Winner Appreciation Day” in the Town of Eden in
recognition of this fine accomplishment.
Nellis then presented a plaque with the above “Proclamation” to Mr. John
Maguda, Lucinda Karstedt and Jennifer Tylock.
Use Permit – Eden Planning Board
Supervisor Nellis read
correspondence from Mark Agle, Planning Board
Chairman, regarding the Special Use Permit for Mr. Don Nowak
to operate a trailer sales business.
The Planning Board recommended
approval with the following stipulations:
That Mr. Nowak submit a revised site-plan to the Building
Inspector, prior to the Town Board meeting on May 26th indicating
dedicating space (approximately 2000 square feet) solely for the
Prior to the May 26th Town Board meeting, Mr. Nowak
must provide a signed contract to perform the agreed upon landscaping (a
requirement of the original site plan approval, that set a 6/1/04 completion
That the Special Use Permit be renewable annually.
Supervisor Nellis then stated that
a Public Hearing would need to be scheduled
for the Special Use Permit.
MOTION was made by Supervisor Nellis to set a Public
Hearing for June 23, 2004 at 8:00 P.M.; seconded by Councilman Krycia; All
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Supervisor Nellis read
correspondence from Scott Henry, Building and Zoning
Inspector, regarding the complaint from Maureen Hubbard,
2044 Derby Road, Eden, New York. Mr.
Henry stated the following:
owner is in the process of constructing a new single-family dwelling and
machinery, construction materials and heavy equipment related to such is
violation of Town Code 225-25A(5) was determined to exist and enforcement
action has resulted in the owner’s compliance as of 5/18/2004;
there did appear to be an accumulation of items such as those referred to
in the complaint, the town code defines a “junkyard” to be an area which
is used primarily for the collecting, storage and/or sale of
wastepaper, rags, scrap metal or discarded material or for the collecting,
dismantling, storage or salvaging of machinery or vehicles not in running
condition and for the sale of parts thereof. There area many properties in the Town, including
agricultural uses, with similar accumulations;
property was rezoned in 2000 by the Town Board at the request of the
property owner from General Industrial (which would require site plan
approval from the Planning Board prior to use/development of the property)
to Rural Residential (which does not require such approval for single
- The Town
Code does not presently contain provisions for the appearance of property
on which single-family homes are constructed.
A portion of the
property in question, 2023 Derby Road, was rezoned in
the year 2000, from General Industrial to Rural Residential.
Nellis suggested contacting General Code Publishers regarding samples of town
laws from other towns in the area.
Mrs. Violanti, the property owner,
presented the Town Board with signatures from
several owners in the area with their support, along with
Maria Cala, 2040 Derby Road who was present at the meeting. Mrs. Violanti then explained that the
tractors and miscellaneous equipment is used for his business and to build
their house on that property.
Hubbard, 2044 Derby Road stated that this is a serious situation and several
neighbors have complaints. Mrs. Hubbard
stated that her home has been assessed by a broker and the assessment is
$10,000 less because of the potential “junk yard” that has been a problem for 4
discussion between the Town Board members and residents, it was decided that
Mr. Henry, Building and Zoning Inspector, would keep an eye on the property.
on Telecommunications (Phone) Services – MCI/Broadview Networks
Supervisor Nellis stated that the
Town Board would like to have more time
to review the material, talk to some local customers and
Councilwoman Pew added that the Technology Committee would also like to review
the information. This item was tabled
until the June 9, 2004 Town Board meeting.
of Eden Nite Community Group (formerly the Eden Nite Home Bureau
Supervisor Nellis read the
CERTIFICATE OF RECOGNITION
EDEN NITE HOME
Eden Nite Home Bureau has been in existence for 42 years; and
the years, this woman’s group has provided both educational programs and
socialization opportunities for its members; and
this time, Eden Nite Home Bureau has provided several scholarships to Eden
students totaling $4,500; and
to a declining membership, this historic organization has decided to disband;
NOW, THEREFORE, I, GLENN R. NELLIS, on behalf of the
entire Town Board, do hereby tender this Certificate of Recognition to the Eden
Nite Home Bureau for its many years of existence and for provided learning
opportunities to so many in our community and we further extend our best wishes
to all of you on your individual future endeavors.
Nellis then presented the Certificate to Nancy Bianchi, Ceil Grobe, Pat Jacobs,
Molly McLaughlin, Marj Romanowski and Sue Rott, members of the Eden Nite Home
on Violet Street Pump Station, SEQR and Bond Resolution
Supervisor Nellis stated that this
resolution would be tabled because a reply from
SHPO (State Historic Preservation Office) has not been
received. Supervisor Nellis has authorized our engineering firm to do a Phase I
study. The study has been done and
forwarded to SHPO with the anticipation that at the June 9, 2004 Town Board
Meeting the resolution may be adopted. Legal council has been contacted and
everything needs to be in place for the SEQR to move on to the bond
resolution. R & D Engineering
continues to work on drawings for the pump station and will be meeting with
Erie County Water Authority on Friday.
The delay has caused little loss of time in the project.
of Open Areas – Presentation/Questions/Answers – Joe Ghosen
Supervisor Nellis recognized Frank
Mantione, Conservation Advisory Committee
Mantione introduced Joe Ghosen from the Erie County Soil & Water
Conservation District. Mr. Ghosen has
been working on the Openspace Map for over 1 year.
Mr. Ghosen listed the following recommendations:
Recommendation 1 and 2 would be to remove Areas 41 and
55 from the Open Space Map/Index/Inventory as they have been developed. The only addition to the map has been the
“Other Conservation Areas” which are the areas that are actively being used for
Recommendation 3 would be to update the Open Space
Map/Index/Inventory by prioritizing the remaining areas into Primary and
Secondary Conservation Areas. Primary
Conservation Areas would include all areas previously listed as Agriculture
Land, Mixed Covertypes and Palustrine – Wetland. Secondary Conservation Areas would include all areas previously
listed as Natural Terrestrial Forested.
Recommendation 4 would be to update the Open Space Man
to include Other Conservation Areas.
These conservation areas would show all areas of active agriculture
(except those referenced previously as Agricultural Lands in the Open Space
Index/Inventory/Map) and other areas including viewscapes, etc. that have
conservation value not covered under by Primary or Secondary Conservation
Recommendation 5 would be to create a new Open Space
Mr. Ghosen summarized the
presentation by stating that the Open Index adopted
In September, 1999 needs updating to reflect open space
changes that have occurred in the Town of Eden to date (May 2004). The Open Space Index adopted in September,
1999 contained criteria for prioritization, but open space areas were never
officially prioritized. Using a
flexible, simple and well justified system for prioritization outline in this
amendment the Town of Eden will be better able to implement it’s Master Plan
strategies and streamline some of the Town’s programs and initiatives.
complete report is available at the Town Clerk’s office during regular business
Mantione stated that if the Town Board feels that this information is valid and
should be shared with the public by having copies made available in the Town
Clerk’s office and the Town Library.
Mr. Mantione also stated that the Town Board should schedule a public
hearing with regard to the acceptance of the revised Open Space Index Map.
MOTION was made by Supervisor Nellis to schedule a
Public Hearing to review the revised Open Space Index Map on June 23, 2004 at
8:15 P.M.; seconded by Councilwoman Pew; All “Ayes”; Opposed? – None; Abstain?
– None; Motion carried.
Mantione thanked Mr. Ghosen for his work and the presentation and made note to
the Town Board that the funding for Mr. Ghosen was made possible from the CEM
Grant Program at no cost to the Town of Eden.
Nellis stated that Alumni Weekend will be held on June 11 and 12 with many
festivities being held throughout the Town of Eden.
Nellis reported that the Façade program is proceeding with 6 businesses applying
for funding. The County of Erie is
sponsoring the program with dollar-to-dollar matching funds up to $7,500.
Hearing of Visitors:
Szalasny, 3048 Belknap Road
Hubbard, 2044 Derby Road
MOTION was made by Councilman Krycia to adjourn the
Work Session Meeting of the Eden Town Board; seconded by Councilman Vacco; All
“Ayes”; Opposed? – None; Abstain? – None; Motion carried.
Nellis adjourned the Work Session Meeting of the Eden Town Board at 8:45 P.M.
Nellis adjourned the Executive Session of the Eden Town Board at 9:30 P.M.