VILLAGE OF EAST AURORA VILLAGE BOARD MEETING MONDAY, June 6, 2016 at 7:00 PM

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1 VILLAGE OF EAST AURORA VILLAGE BOARD MEETING MONDAY, at 7:00 PM Present: Mayor Allan Kasprzak Trustees: Ernie Scheer, Peter Mercurio, Raymond Byrnes Absent: Trustee Patrick Shea, Deborah Carr-Hoagland, Alfred McCabe Also Present: Bryan Gazda, Village Administrator Joyce M. Jezewski, Village Clerk Treasurer Matthew Hoeh, Superintendent of Public Works Shane Krieger, Chief of Police Bill Kramer, Code Enforcement Officer East Aurora Advertiser, East Aurora Bee, Orchard Park Sun 18 Members of the public Mayor Kasprzak opened the meeting at 7:00 pm followed by the Pledge of Allegiance. A moment of silence in memory of Department of Public Works employee Barbara Hauber. Motion by Trustee Scheer to approve the minutes of May 16, 2016 as submitted Seconded by Trustee Byrnes and carried with Trustee Mercurio abstaining. Trustee Scheer moved to approve the payment of vouchers: 2016: # in the amount of $285, : # in the amount of $166, Seconded by Trustee Byrnes and unanimously carried. SPEAKERS & COMUNICATIONS (I) Larry Rowland, on behalf of the East Aurora Fire Department, informed the village board about the EAFD s annual event, Food Trucks and Fire Trucks. The event will be held at Firemen s Field on Sunday, September 4, He asked if the Department of Public Works and Police Department would provide a vehicle for show at the event. OFFICIAL CONSIDERATIONS Motion by Trustee Mercurio to appoint Stacy Oar to the Planning Commission, to fill the vacancy created by the passing of Frank Mesi; said term to expire the 1 st Monday in April Bryan Kulpa, Clark Patterson Lee provided an update on the project for the Town of Aurora Senior Center CDBG project. He noted that prior to submitting the grant, the Town obtained a quote from Frey Electric who based costs on a 30 load for the generator and that was the number used for

2 the CDBG grant application. However, that particular building has peaks of up to 48 loads and thus the specs and bid package required quotes for a 60 load generator. The generator is what scored the highest points on the CDBG application. The options are to re-bid the package or determine why there is such a high peak of 48 loads. Mr. Kulpa provided the village board with a schedule of values for the CDBG project noting the placing the costs for Window/Door Replacement at $62,608 and Generator at $97,385, which are above what was provided for in the grant. Action was tabled until the village can have discussions with the Town of Aurora. Mayor Kasprzak: Reported that there will be a meeting of the Association of Erie County Governments in the on June 16, 2016 at the Brant Community Center at 5:30 p m. Reported that he will be out of town from Wednesday, May 18 th through Thursday, May 26, Trustee Scheer serving as Deputy Mayor. UNFINISHED BUSINESS Andrew Gow, Nussbaumer & Clarke, provided the village board with the revised site plan dated June 1, 2016; said plan providing the adjoining neighbors with sufficient berm area to provide privacy to residences. Trustee Mercurio offered the following resolution and moved its adoption: RESOLUTION OF THE VILLAGE OF EAST AURORA OF A DETERMINATION OF NON-SIGNIFICANCE PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT IN THE MATTER OF THE APPLICATION REGARDING THE RENOVATION OF DETERIORATING PARKING AREA AND CONSTRUCTION OF PAVED SURFACE ACCOMMODATING ADDITIONAL PARKING AT THE REAR OF EXISTING BUSINESS KNOWN AS CHUBB REAL ESTATE AT 253 & 259 MAIN STREET IN THE VILLAGE OF EAST AURORA WHEREAS, the applicant has filed Part I of the Short Environmental Assessment Form with this Board, a copy of which is included by reference and made a part hereof, relating to the proposed project at 253 & 259 Main Street, East Aurora, New York, renovation of deterioration of presently existing 15 undefined parking spaces and construction of approximately 6700 square feet of paved surface behind the above referenced existing to accommodate approximately 20 additional parking spaces for a total of 35 parking spaces thereon, along with the addition of trees, shrubs and a berm to provide perimeter screening. The applicant is Andrew Gow on behalf of Daniel B. Kieffer and Berry Chubb, owners of Chubb Real Estate. WHEREAS, the Erie County Division of Planning after carefully and fully reviewing a description of the proposed project, along with application, including the Development Plan attached thereto, with any and all amendments and modifications, as submitted by the Village Clerk Treasurer, replied in writing it had No recommendation; proposed action has been reviewed and determined to be of local concern ; and WHEREAS, the Village Board held a public hearing which was properly noticed to the public wherein the project was discussed, WHEREAS, the Village Planning Commission after carefully and fully reviewing the application, including the Site/Development plan attached thereto, with any and all amendments and modifications, and considering comments and documentation presented for and against the project, recommended approval to the project; and

3 WHEREAS, the Village Historic Preservation Commission after carefully and fully reviewing the parking lot expansion project, including the Site/Development Plan issued a Certificate of Appropriateness ; and WHEREAS, the Village SEQRA Intake Committee carefully and fully reviewed Part I of the Short Environmental Assessment form submitted by applicant including the Development Plan attached thereto, and the above-referenced amendments and modifications; and WHEREAS, the SEQRA Intake Committee carefully and fully considered the discussions, comments and documentation presented for and against the project reflected in the minutes and attachments thereto of the Village Board meetings; and the minutes of the Village Planning Commission meetings with comments and recommendation of approval; and the reply from Erie County Division of Planning and the Certificate of Appropriateness issued by the Village Historic Preservation Commission; and WHEREAS, the Village SEQRA Intake Committee after their review of the above prepared a draft Part II of the Short Environmental Assessment Form with a recommendation of the issuance of the Negative Declaration of environmental significance for submission to, and consideration by, the Village board; and WHEREAS, the Village Board of Trustees upon taking an independent hard look and reasoned evaluation of the above-referenced information, comments and written documentation, including, but not limited to, Part I of the Short Environmental Assessment Form; comments and recommendations of the Planning Commission, the Certificate of Appropriateness of the Village Historic Preservation Commission and; the site/development plan; reply of Erie County Division of Planning; minutes of the Village Board meeting and public hearing wherein the project was discussed; and the recommendation of the SEQRA Intake Committee and that Committee s completed Part II and Part II of the Short Environmental Assessment Form concerning the potential environmental impact of the project; all of which are incorporated by reference herein; and WHEREAS, the Village Board, upon carefully and fully reviewing all the information, comments and written documentation in regard to the project, made a finding that there are no significant environmental impacts, NOW, THEREFORE, be it RESOLVED, that the Village Board of East Aurora as lead agency has determined that the proposed action described in the Short Environmental Assessment Form, submitted by the applicant, for the renovation and construction of paved parking area to the rear of an existing buildings and paving of additional 20 parking spaces at the rear of the existing buildings located at 253 and 259 Main Street, East Aurora, New York filed with the Village, included and incorporated by reference herein, will not have a significant environmental impact and a Draft Environmental Impact Statement will not be required nor prepared. The foregoing resolution was duly seconded by Trustee Byrnes and unanimously carried on June 6, Trustee Mercurio offered the following resolution and moved its adoption:

4 RESOLUTION OF THE VILLAGE OF EAST AURORA APPROVING THE DEVELOPMENT PLAN REGARDING THE RENOVATION AND CONSTRUCTION OF PAVED PARKING LOT SURFACE WITH ADDITIONAL 20 PARKING SPACES AT THE REAR OF AN EXISTING BUSINESS KNOWN AS CHUBB REAL ESTATE AT 253 & 259 MAIN STREET IN THE VILLAGE OF EAST AURORA WHEREAS, Adam Gow, on behalf of Daniel J. Kieffer and Barry Chubb, owners of Chubb Real Estate, has submitted an application for the renovations and construction of an expanded paved parking area to the rear of an existing building at the above referenced address resulting in a paved surface of 6700 square feet accommodating an additional 20 parking spaces bringing the total parking to 35. WHEREAS, the Planning Commission of the Village of East Aurora having considered the application and submitted a recommendation for approval to the Village Board, and WHEREAS, the Village Historic Preservation Commission having considered the application and issued a Certificate of Appropriateness; and WHEREAS, the Village s SEQRA Intake Committee considered the application and reviewed Part 1 of the Short Environmental Assessment Form submitted by the applicant and completed Part 2 and Part 3 thereof on behalf of the Village, and it was the determination of the SEQRA Committee that the proposed development plan would have no significant environmental impact; and WHEREAS, the Village Board held a public hearing and meetings all of which were properly noticed to the public and reviewed and considered further the comments and all written materials submitted by the applicant and all other information and recommendations before the Board; including minutes of prior Village Board meetings, and minutes of the Village Planning Commission whereat the development plan was discussed, along with recommendations of approval by Planning Commission; reply of Erie County Division of Planning and recommendation of the SEQRA Intake Committee and the Certificate of Appropriateness issued by the Village Historic Preservation Commission; and WHEREAS, the Village Board received and considered the site/development plan, the above referenced renovation and construction, and any and all amendments thereof; and WHEREAS, The Village Board has separately considered the environmental impacts of the project and issued a Negative Declaration of environmental significance. NOW, THEREFORE, be it RESOLVED, by the Village Board as follows: 1. The recommendations of the Planning Board; and the Findings of Fact of the SEQRA Intake Committee; and the site/development including the above referenced renovation and construction rendering filed with the Village; and all supporting information included in the minutes taken in relation to the above mentioned Village Board meetings, the reply from the Erie County Division of Planning and the Certificate of Appropriateness issued by the Historic Preservation Commission, attached and incorporated herein by reference. 2. The resolution of the Village Board considering the environmental impacts of the project and the issuance of a Negative Declaration of environmental significance is attached and incorporated herein by reference.

5 3. The site/development plan is hereby approved, applying the standards under the Village Zoning Code; the project sits in with the Master Plan and is in harmony with the Zoning Code. 4. The resolution is effective immediately approving the issuance of a development/removal, renovation and construction permit as hereinbefore set forth, subject to all applicable federal, state and local laws, and codes being complied with. The foregoing resolution was duly seconded by Trustee Scheer and unanimously carried on June 6, Motion by Trustee Byrnes authorizing the Village Administrator to draft a local law with regard to the Cold War Veterans exemption. Seconded by Trustee Mercurio and unanimously carried. Vacant Property Registry further discussion by village board members on how to ensure the village can have control and jurisdiction over abandoned and vacant properties. Mayor Kasprzak stated that this is a problem in every community, noting that NYS is doing a lot of legwork in this area. NEW BUSINESS Motion by Trustee Mercurio to schedule a public hearing for new water rate for inside cubic feet for Monday, June 20, 2016 at 7 pm. Seconded by Trustee Byrnes and unanimously carried. Motion by Trustee Mercurio to schedule a public hearing on The Application for Special Permit for Kenneth Scibetta and Edward Webster dba Griffon Gastropub to be held Monday, June 20, 2016 at 7 pm. Seconded by Trustee Scheer and unanimously carried. Motion by Trustee Mercurio to schedule hearing on the application to keep 8 chickens submitted by Jared Byer, 415 Oakwood Avenue for Monday, June 20, 2016 at 7:00 pm. Seconded by Trustee Scheer and unanimously carried. Motion by Trustee Byrnes to approve the Application for Temporary Use Permit for the East Aurora Wesleyan Church, Movies in the Park: Every Friday In July and August Beginning July 8 and Ending August 26, Seconded by Trustee Byrnes and unanimously carried. Motion by Trustee Scheer to approve the Application for Temporary Use Permit East Aurora Wesleyan Church, Church in the Park: Every Sunday in August beginning August 7 and ending August 28, Seconded by Trustee Byrnes and unanimously carried. Motion by Trustee Mercurio to approve the Request for Waiver of 30 Day Notice for Liquor License for the Elm Street Bakery, 644 Oakwood Avenue. Seconded by Trustee Byrnes and unanimously carried. SPEAKERS & COMUNICATIONS (II) Ken Scibetta, Griffon Gastropub stated that they been under construction the past month at 634 Main, but are happy to be able to do business in East Aurora.

6 Jared Byer, 415 Oakwood is looking forward to living in East Aurora. He purchased the home at 415 Oakwood in January but just started his move two days ago. Motion by Trustee Byrnes to adjourn the meeting at 7:41 pm. Seconded by Trustee Shea and unanimously carried. Respectfully submitted, Joyce M. Jezewski, CMC Village Clerk Treasurer