Minutes

Eden Planning Board

October 31, 2006

FINAL

 

 

MEMBERS PRESENT:

 

Mark Agle

Tony Weiss

Gerard Schwab

Kevin O’Gorman

Bill Zittel

 

GUESTS:

 

Mike Bolo

Mr./Mrs. Gorecki

Greg Walczyk

Bob Pietrocarlo

 

Chairman, Mark Agle called the October 31, 2006 Planning Board meeting to order at 7:04 p.m.  Mr. Agle requested a motion to approve the September 26, 2006 Planning Board Minutes as submitted and printed, so moved by Tony Weiss, seconded by Bill Zittel.

 

NEW & UNFINISHED BUSINESS:

 

GREG & SUSAN WALCZYK - 3024 Hillbrook Drive - Mr. Greg Walczyk appeared seeking approval for a fence around the perimeter of his property.  However a 30’ sanitary sewer easement exists prohibiting said fence.  Mark - Since you have already sought and been granted approval from Erie County for the fence within the easement and you are aware of the ramifications if the County has a need to perform any work within the easement.  (Specifically, you will be responsible for the removal, repair and reinstallation of the fence including any and all costs associated therewith).  Mr. Walczyk, yes, we are aware of that and agree to same should that need ever arise.  Bill Zittel – I make a motion to grant permission to install said fence within the easement as submitted.  Seconded by Tony Weiss.  All “ayes” motion carried.  Mark – Your request to install said fence is hereby granted as submitted.   You will need to see Scott Henry so that he may issue the appropriate permits.  Mr. Walczyk - Thank you.

 

JAMES GORECKI – 8797 East Eden Road – Mr. Gorecki’s brother and sister in law appeared on his behalf.  Mark – Upon review of the proposed property this lot seems to have the same issues as the previous one.  It only has about 290’ frontage and in order to house/raise/groom/kennel, etc., animals they may not be housed, raised, groomed, kenneled, etc., less then 200’ from a property line.  The front setbacks as shown do not meet the code requirements and the existing residential use on the adjoining lots may also present an issue to be considered.  Given these constraints, the proposed use cannot be permitted as presented for this lot.  The property does widen as it goes back. So it might be possible to locate any kennels, pens, etc. beyond approximately 2,000’ from the front property line although that would prove to be more costly.  If Mr. Gorecki wishes to reconfigure his proposal to address these issues, the Planning Board will give it proper consideration.  Mr. & Mrs. Gorecki were provided with a copy of applicable Code Sections to give to James Gorecki for review and clarification.

 

ROBERT PIETROCARLO, 3145 Cherry Lane – Robert appeared seeking to move his rear property boundary line by 13’ to sub lot 13 and to Zero at front due to the improper construction/placement of his retaining wall.  The neighboring property owner (3135 Cherry Lane) is apparently in agreement with this proposed change.  A survey showing the original property lines as well as the proposed new lot lines was presented for review.  Mark – Are you sure the lots will be in compliance with the subdivision square footage requirements if they are changed as proposed?  Bob – Yes, the parties have all agreed and a surveyor has prepared the surveys in accordance with the code.  Mark – Okay, does anyone else have any input?  Kevin O’Gorman – I motion to approve the proposed property line change as submitted.  Bill Zittel – Seconded.  All “ayes” motion carried.

 

 

AS TO REVIEW & RECCOMMENDATIONS TO TOWN BOARD OF THE PROPOSED LOCAL LAW:  Upon review of the proposed Local Law in which the input of the Planning Board Members was requested by Mr. Trask & the Town Board, be advised of the following recommendations:

 

SECTION 10.  OPERATING PERMITS.  After a brief discussion the members agreed to the recommendation of the implementation of ALTERNATIVE 1: (e) as printed.

 

SECTION 11. FIRE SAFETY & PROPERTY MAINTENANCE INSPECTIONS.  After a brief discussion the members mutually agreed that the (subparagraph (c) OFPC Inspections.) OFPC should continue to perform these inspections as stated and does not wish the CEO to perform these inspections.  However, the Planning Board feels that it would put an undue and unnecessary burden of time and expense on the CEO and that he may not even be fully qualified to perform such inspections or want to perform such inspections.  Therefore, the Planning Board recommends that the Town Board and Mr. Trask seek the input of the OFPC as to his preference concerning the performance of inspections under Executive Law Section 156-e and Education Law Section 807-b.  The Planning Board will support the decision of CEO in this regard. 

 

REPORTS & ANNOUNCEMENTS

 

PLANNING A FUTURE FOR FARMS IN WNY - Bill Zittel indicated that he would be willing to attend the conference on November 9, 2006 with Supervisor Nellis.

 

Kevin O’Gorman motioned to close the meeting.  Seconded by Tony Weiss.  Meeting adjourned at 7:40.

 

Respectfully submitted,

 

 

 

Dawn Palma,

Planning Board Secretary

 

 

 

 

 

NOTE – These minutes were prepared without the benefit of a tape recording of the meeting, as it was subsequently discovered that the recorder had malfunctioned.