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, AUGUST 20, 2001 AT 8:00 PM IN THE BOARD ROOM AT EAST AURORA VILLAGE HALL. Present: Mayor John Pagliaccio Trustee Lowell Dewey Trustee David DiPietro Trustee Sara Foster Trustee Patrick McDonnell Trustee Christine Peters Trustee Robert Ruffner Also Present: Village Administrator/Clerk-Treasurer Patrick Richey Village Attorney Thomas Andruschat Code Enforcement Officer/Planner W. Ross Harbison Representatives of the media Approximately one hundred 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 Sara Foster moved approval of the minutes of the July 16, 2001 regular Board of Trustees meeting as printed and presented. Trustee David DiPietro 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 fiscal year as printed and presented. Seconded by Trustee Lowell Dewey. Upon voting, the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. 1

2 PUBLIC HEARINGS The Mayor opened a public hearing at 8:03 PM to receive public comment upon the request of Ames Department Stores for the approval of an outdoor display permit at 123 Grey Street. The hearing notice was read. The Mayor then invited comments from the public. There being no public comment, the Mayor closed the public hearing at 8:04 Pm and referred the matter to the Board. Trustee Christine Peters noted that Ames would display seasonal items such as patio chairs, bikes, etc. Trustee Foster noted that the permit s parameters would be the same as last year. Trustee David DiPietro offered the following resolution approving the permit and moved its adoption: RESOLUTION NO.: DATED: August 20, 2001 SPECIAL USE PERMIT OUTDOOR DISPLAY PREMISES - AURORA SHOPPING CENTER, EAST AURORA, NEW YORK ISSUED TO: AMES DEPARTMENT STORES, INC. BY: VILLAGE BOARD OF TRUSTEES, VILLAGE OF EAST AURORA, NEW YORK The Village Board of Trustees of the Village of East Aurora, New York, having determined that this action an unlisted action and will not effect the environment as required by SEQRA, does hereby approve the use of a portion of the premises at the Aurora Village Shopping Center for outdoor display, pursuant to Section of the Code of the Village of East Aurora, New York, subject to the following terms and conditions: 1. That the outdoor display shall be only on that portion of the premises set forth in Exhibit "A" attached hereto and made a part hereof. 2. The only merchandise that may be displayed is that listed on Exhibit "B" attached hereto and made a part hereof. 3. The outdoor area shall be kept free of litter and debris. 4. No sale of merchandise shall take place outside of the building on the premises. 2

3 5. This Special Use Permit issued herein shall be revocable at the option of the Village Board of Trustees in the event of any violation of the terms and conditions of the Special Use Permit set forth herein. 6. That this Special Use Permit shall expire on September 30, No activities other than the activities set forth in this Special Use Permit shall be carried on. No activities shall be deemed incidental to the activities permitted by this Special Use Permit unless and until such activities shall be approved as incidental activities by Resolution of the Village Board of Trustees. 8. That the Permittee herein shall comply with all other requirements set forth in Section of the Code of the Village of East Aurora, New York. DATED: East Aurora, New York THE August 20, 2001 YORK. VILLAGE BOARD OF TRUSTEES OF VILLAGE OF EAST AURORA, NEW By: JOHN V. PAGLIACCIO, MAYOR Seconded by Trustee Christine Peters. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. The Mayor opened a public hearing at 8:12 PM to receive public comment on a development plan application and special restaurant permit application submitted by Tim Horton s for premises at Hamburg Street. The hearing notice was read along with the approving recommendations of the Planning Commission and the Safety Committee. Mr. Louis J. Terragnoli, Jr., Director of Real Estate fro Tim Horton s Western New York region described the plans for the site. He illustrated the entrances and exits with appropriate signage and said they were working to relocate their planned dumpsters to rear areas near the Burger King dumpsters. Additional landscaping was planned pursuant to the Planning Commission recommendations and the 3,000 square foot building created for East Aurora would have peak roofs and no flat roofs along with a façade having a 3

4 combination of brick and face brick. Mr. Terragnoli said someone in East Aurora would operate the restaurant and employ about 35 people. The inside restaurant would be open from 6 AM until 10 PM while the drive-through would be open twenty-four hours. There would be a full lunch menu but no alcoholic beverages would be served. Mr. Terragnoli said that Tim Horton s is owned by the Wendy s chain and there are about 2,000 Tim Horton s in the US and Canada with about 125 of those in the US. The Mayor then invited public comment. Gary Grote, Executive Director of the Greater East Aurora Chamber of Commerce encouraged the Board s approval of the development plan and special use permit. He also urged the Board to consider traffic markings on Oakwood Avenue delineating a right and left turn lane at the intersection with Hamburg Street. Mr. Richey then read, at the Board s request, the June 27, 2001 recommendations of the Safety Committee. Peter Pfaff of 64 Fairlawn Drive stated he had lived in the Village since 1948 and this proposal would be an attractive building addition to the Village and a win-win situation. He said Tim Horton s would tone down the signage and make an attractive building. He said concerns about traffic could be handled with proper controls. Jerry Thompson, Sr. of 1025 Grover Road, Town of Aurora, and owner of 170 Oakwood Avenue behind the proposed development, asked that the lighting be shaded so as not to affect the eleven families at 170 Oakwood. He also asked about setbacks and was told there would be 33 feet in front, 75 feet from the back and 20 feet on the Oakwood Avenue side. Mr. Terragnoli also said the new building would be 7,000 square feet smaller than the existing building. Joanne Skelly-Gearhart of 48 South Willow Street stated that traffic backs up significantly on Hamburg and Oakwood during the day and that very serious backups occurring there could result in a potentially dangerous situation. David Lazenski of 483 South Street in the Town of Aurora stated the Board should look at all parcels in the Village together and not individually. He said more traffic leads to more problems and, with the comprehensive plan not looking at traffic, said the Village and Town Board must try to control traffic and do what needs to be done. Mayor Pagliaccio said that a combined Village/Town traffic study was being discussed. Jennifer Fee of 273 Oakwood Avenue said she would welcome this business to the Village and that it would be a wonderful opportunity and a place for someone who walks often to patronize. Dwight Krieger of 1620 Bailey road in the Town of Aurora and owner of a business in the Village said that the proposed Tim Horton s would be another facet of an ever- 4

5 evolving Village of east Aurora. He said it would not create more traffic but simply serve those already shopping in East Aurora. He said the Village already has traffic without people stopping and shopping in East Aurora. They go someplace else. He said this is not a big business, but local ownership of a proven business. Don Meade of 103 Sycamore stated he had worked in the existing business when there were 140 employees there and it had not created traffic problems then and he did not see it creating any problems now. Gloria Elmer of 789 East Fillmore Avenue asked whom the franchise would be owned by and was told someone in East Aurora would own it. In response to her questions, Mr. Terragnoli said sight lights would be about thirty feet high and there would be two avenues for dealing with problems. The owner/operator would be one avenue and then one of three western New York district managers. Mrs. Elmer went on to say that she can hear increased traffic on Main Street from her home on east Fillmore. She also said it was a safety issue and suggested that perhaps the State DOT could route traffic around main Street in East Aurora like they have done in Orchard Park. Gary Cline of 182 Oakwood stated there had been a big increase in traffic on his street. Allen Ott of 439 Oakwood said there is a lot of business on the circle, but traffic is bad only during certain times of the day. He said Tim Horton s would be a good business to have in town. Jim Collins of 385 Girard Avenue said he knows all about traffic. He said cars are everywhere in the Village but that Tim Horton s would be a nice addition to the community. Sue Kumro of 188 Oakwood Avenue said she lives on the curve and traffic is bad near her. She also said a twenty-four hour operation could encourage noise and kids to hang out. Mr. Terragnoli said only the drive-through would be open twenty-four hours. The interior restaurant s hours would be six to ten daily. There would only be two employees on site between 11 PM and the early morning. Martha Bockrath of 822 Luther Road in the town of Aurora stated she owns a business on Hamburg Street and would welcome a business like Tim Horton s as her neighbor. She said she does not think it would increase traffic. Lee Gearhart of 48 South Willow Street said the proposed restaurant may not increase traffic but could serve as an additional choke point. Pat Shea of 486 Griggs Place said he likes Tim Horton s but with two curb cuts on Oakwood there could be a bottleneck on Oakwood with the two driveways. 5

6 Otto Fischer of 26 Buffalo Road says he knows all about the traffic around the circle and said he is in favor of Tim Horton s and getting a coffee and a donut. Joan Herrold of 437 Prospect Avenue asked why the proposal would not allow a right turn off of Hamburg Street. She also stated it might help with noise and lights if the landscaping were higher. Meghan Tent of 52 Center Street said she would be in favor of the proposal as she walks a lot with her two children. Mike Kelly of 51 Paine Street said that traffic moves in East Aurora because the natives know their way around. Helen Cousins of 79 Buffalo Road stated gridlock is occurring increasingly day-by-day but that the circle works well. She said it is difficult to change traffic because there is a lack of attention to local laws. She also complimented the Tim Horton s building design. Arthur Giacalone of 140 Knox Road said he would like to see a decent and appropriate business at that site and the Board does not have enough information yet to make an informed decision. He read aloud the letter addressed to the Board from the Erie County Department of Environment & Planning and stated the Board has to determine that traffic is not a problem. Mr. Giacalone said a traffic study has not been done and that Tim Horton s consultant called their traffic study a traffic assessment. He called the document simplistic and uninformative and said it was important that a more thorough study be done. He said the Board should be looking at upgrading not degrading the quality of residential streets and that a traffic study should look at traffic 24 hours per day, seven days per week. He said there would be a bottleneck near the Tim Horton s and that the Village Board owes residents a full traffic study. Don Nieman of 58 Pine Street complimented the Planning Commission, the Safety Committee, the Village Board and Tim Horton s for working together and developing a better site plan that is currently being considered by the Village Board. Ann Wadsworth of 1211 North Davis Road stated that there is no traffic-induced stress in our community like there is in Williamsville or Boston, Massachusetts. She asked if enough research and homework had been done. She said the Knox State Park could result in additional traffic and the Village needs to be careful, deliberate and thoughtful about approving new development, otherwise there will be a tipping point. She asked the Board to think of the big picture. Nancy Aungst of 262 Oakwood Avenue stated it was not an appropriate site for a drivethrough restaurant. She said Oakwood Avenue has already seen an increase in traffic and that Dan Castle must have voted against this because he was concerned about traffic and she urged the Board to consider denying the permit. 6

7 Dwight Krieger of 1620 Bailey Road suggested it might help if the Board could stripe a right and left hand turn lane at Oakwood and Hamburg on Oakwood Avenue. Suzie Jackson of 1257 Warren drive said that traffic needs to be addressed further and perhaps this proposal is not the best plan for this corner. She said where the drive-through order and pickup area is located would be ugly because that is in front of the windows and people driving by would not be able to see the prettiest part of the building. Frank Marmion of 417 Girard Avenue said he was in favor of the Tm Horton s proposal. He said one of the most popular Tim Horton s locations was on Main Street in Williamsville near the Youngman expressway and that did not have a great impact on traffic. He said he had lived here forty years and said there used to be a lot of traffic here when factories were here. He said we need quality businesses with quality products in east Aurora and people should use existing parking lots more effectively. Frank Zagrobelny of 342 North Street suggested that people should ride more bicycles. Jerry Thompson, Sr. of 1025 Grover Road suggested that the Village ask the state DOT to look at traffic on 20A from the traffic circle to Commerce Green. Gloria Elmer of 789 East Fillmore stated that State Routes 16 and 78 also intersect at the circle and Buffalo Bills games will also have an impact on traffic. There being no further public comment, the Mayor closed the public hearing at 9:23 PM and referred the matter to the Board. Trustee Christine Peters stated she has a concern for where the handicapped parking is to be located and the need for handicapped patrons to cross the drive aisles. Trustee DiPietro echoed those comments and also asked if Tim Horton s could look at twentyfoot high light standards. Trustee DiPietro asked about the proposal from Dan Castle and what a joint Village and Town traffic study might cost. Mr. Richey responded that Mr. Castle had indicated a study like the one he outlined might cost thirty to fifty thousand dollars. Mayor Pagliaccio asked Mr. Terragnoli about the location of signboards and speed bumps and about the landscaping on Hamburg Street. Trustee Lowell Dewey stated the concerns about area-wide traffic had not fallen on deaf ears and said the curb cut on Oakwood was as far back as possible. He also said the phasing and timing of signals in the area was important and said the Village would put in their own recommendations to the state DOT. Mayor Pagliaccio noted that the developer would develop an exit on Hamburg Street so it allows only a right turn exit onto Hamburg. 7

8 Mr. Terragnoli said they wanted to limit the exit so the curb cut wasn t as wide so people would not try to turn left. Trustee Pat McDonnell asked what similar Tim Horton s had been considered for studying the traffic and was told it was the one at South Buffalo Road in Hamburg. Trustee Sara Foster said the Board sometimes encourages people to bank parking spaces and perhaps Tim Horton s could consider this as well. Trustee David DiPietro said he had a concern about buffering the entrance and exit while Trustee Peters suggested the developer look at the existing Rite Aid to view their entrances and exits onto Buffalo Road. She also wondered if the drive through could be on two sides of the building rather than three but Mr. Terragnoli explained why this was not possible saying they were trying to get as many cars on the site as possible to eliminate stacking on the nearby streets. He said the Planning Commission also discussed this. Mr. Terragnoli also stated that this store was intended for the Village of East Aurora and not as a destination-type place. Trustee Robert Ruffner stated he did believe the site is made for this type of development, but there would be traffic issues. Mayor Pagliaccio suggested that employees be encouraged to use the Village parking lot and Mr. Terragnoli said they would try and take advantage of that lot for this purpose. Mayor Pagliaccio also suggested the Board should try and get a traffic study going as the Board has always been concerned with traffic. He said it could be used as an important tool in the future. Trustee Sara Foster offered a motion to table the applications. Seconded by Trustee Dave DiPietro and passed unanimously. Mayor Pagliaccio opened a public hearing at 10:00 PM for the purpose of receiving public comment on a development plan application submitted by Main Street Ventures LLC for premises at 209, 215 and 221 Main Street. The hearing notice was read along with the approving recommendation of the Planning Commission and the recommendation of the Safety Committee. Mayor Pagliaccio also read a letter from John and Tamara Wangelin of 37 South Willow Street. Mr. Fred LoFaso of Main Street Ventures LLC described the proposed 10,000 square foot retail development proposed for the area next to Montana Mills. He said it would be a three-sided brick development and that they were trying to capture the feel of a 1920s- 30s Village. He said they were trying to attract three retailers to the development and, through their site plan, create a pedestrian-friendly site with access to Main Street through concrete walkways. The Mayor then invited public comment. 8

9 Lee Gearhart of 48 South Willow Street asked if there would be ingress and egress from South Willow Street and was told no. Arthur Giacalone of 140 Knox Road said the proposed building had expanded from 9,300 to 10,700 square feet and the latest proposal had eliminated an exit drive from the east side of the property. He said the only entrance and exit would be the municipal parking lot entrance and exit drive. He said then that the only reason 209 Main Street is coming down is so the municipal drive can be moved. He asked where Tannery Brook is located and was shown on the plan. Mr. Giacalone urged the Board to adopt a positive statement of environmental impact saying that his review of the institute of Transportation Engineers manual concluded for him that there would be an estimated 69 vehicle trips in the morning and another 53 in the afternoon that would impact nearby residential streets. Mike Kelly of 51 Paine street said the proposal would be a great mirror image to Historic Main Street and would not do anything worse than Vidler s does. He said the Town sorely needs this type of revitalization. Bob Warhus of 28 Hamlin Avenue said his comments were related to traffic flow and asked if there was some way to restrict turning left onto main from Hamlin and force people to go around the circle. He also asked about the lighting plan for the project and the developer said they were putting together a lighting plan. Mr. Warhus said he was concerned about skyglow and disappearance of the night sky. He said lights in the area already light up his back yard. Levita Wurzer of 215 Main Street said she had been a resident there for thirty years and now seven families feel as if they are being thrown out of their homes. She said there is an abundance of empty retail stores in this town and that there will be fewer residents if places get bought out and people are thrown out. She said she and her neighbors were now being forced to find other places to live and said it was not fair for other people to label their homes as eyesores. Dean Fredericks of 64 Shearer Avenue asked what the plans were for tenants and was told they were looking at a local bank as a tenant but that no leases had been signed. Tom Alcamo of 987 East Main Street in the Town of Aurora asked about the two-story façade on the proposal and if the second story would be apartments. Mr. LoFaso said they had looked at that idea but it did not make sense with rents projected at 1,200 to 1,400 dollars per month. Suzie Jackson of 1257 Warren Drive asked why they were looking for three tenants but had four doors pictured. Mr. LoFaso said they were only going after three tenants at this time and that local retailers are preferred. Mrs. Jackson asked where would trucks come for delivery and was told any truck traffic would be directed to the rear. Trucks would just have to deal with this situation said Mr. LoFaso. 9

10 Mrs. Jackson asked if the proposal would be really needed and would really be an improvement to Main Street. She said it might not be known until the master plan was completed and that the building might stand empty and not help the community. Marty Wangelin, the father of John Wangelin at 37 South Willow Street asked if the amount of parking shown on the plan is really required and was told yes but based on the retail square footage, the proposed development would also take advantage of the parking lot next door. Gary Grote, Executive Director of the Greater East Aurora Chamber of Commerce, said his office gets several call a week from retail businesses wanting a spot on Main Street. The Chamber feels this proposal is a great project, would revitalize the area around it and provide needed services. He said he hoped the Board would support the project. Frank Zagrobelny of 342 North Street said there were no traffic problems in his hometown in the North Country because most of the downtown is literally boarded up. He said there is no money to revitalize in that area and east Aurora is fortunate to have people willing to invest in the community. He said he feels it can be done in a controlled manner. Ms. Hrabousky of 1334 Underhill Road said that most businesses that have come to East Aurora have improved the community and meant one less trip out of town. She said the Board should consider any proposal that is thoughtful, well planned and helps the community. Joan Herrold of 437 Prospect Avenue asked about what would be on the second story and was told it would be a full building but the second story would not be functional. She also said she liked the walk ability of the building and it being on Main Street, but asks where the walkway would be located adjacent to Montana Mills. Joanne Skelly Gearhart of 43 South Willow Street said the traffic situation is a very serious concern for her. She said parking on Main Street currently blocks the view for those exiting South Willow Street. She also said there were many families and many children living on South Willow Street and that traffic had increased yearly since 1982 with people routinely going through the stop signs on Willow and Oakwood. Gloria Elmer of 789 East Fillmore Avenue asked about water management on the parking lot and where runoff would go. Mr. LoFaso replied that they would use the existing drainage basins but were still studying what needs to be done or accomplished at this location. Mike Mahiques of 38 South Willow said he liked the idea but agreed with Ms. Skelly- Gearhart. He said it is hard to make a left turn onto Main from South Willow and that the curb cuts at Montana Mills are not well defined. 10

11 Arthur Giacalone of 140 Knox Road said the Village has to take control and deal with the traffic concerns. He said without knowing what is going to be at that location, then it s premature for the Village Board to decide anything tonight. Carrie Warhus of 19 Hamlin said she was not against progress but that traffic is terrible at her end of town. She said it is hard to cross Main at Willow and Hamlin. She said the Village Board needs to know about everything and put it all together. She said they need to think about the big picture. Suzie Jackson of 1257 Warren Drive asked how the comprehensive plan was progressing and Mr. Richey responded with a description of the ongoing activities. Gloria Elmer of 789 East Fillmore asked if the Board ever considered performance bonds with individual developers and was told no. She also asked if the State DOT was looking into a traffic light at South Willow and Main Streets, but that is unknown at this time. There being no further public comment, the Mayor closed the public hearing at 10:56 PM and referred the matter to the Board. Trustee Dave DiPietro thanked the public present for coming out and staying until 11 PM. He said when asked where retail development was going to be, it should be done on Main Street. This was very commendable in his view. Trustee DiPietro said all streets are thoroughfares and often used by Village residents to get around the congested areas. He said he would like to see more green space on the South Willow street side of the proposal. He also said the exit should be right-turn only. He said with a little maneuvering, this would be a great project. Trustee Christine Peters said she was glad lighting and landscape plans would be forthcoming and said she liked the term skyglow in reference to the lights. She also wondered if the proposed dumpster location would be practical. Trustee Lowell Dewey said if the developer was able to move some parking spots and the dumpster, then you could improve green space to the South. He also said he would look at site distances on South Willow at the intersection with Main, the no-parking sign there and re-read the Planning Commission s recommendations. Trustee Peters said she likes the landscaping between the building and the street. Mayor Pagliaccio said that East Aurora was historically the only Village in a six-town area and often a hub for traffic. He said he had concerns about commercial development going north and south from Main Street into the residential neighborhoods and about maintaining the residential character of the community. He also said it is important for a community to welcome all people of different economic strata into the community and as part of the community. He said he has concerns about the closeness of residences and also about Village parking that was placed there in order to accommodate future growth 11

12 such as that being proposed. He said the Village should also try to mitigate the concerns of people to the south and east of the proposed development. Trustee Robert Ruffner said it might be a good time to look at changing the configuration of the Village parking lot and said that perhaps islands could be placed in the lot while still being careful of the culvert. Trustee McDonnell urged Mr. LoFaso to give Ms. Wurzer his cell phone number in order to address her concerns about relocation. Mayor Pagliaccio said what give the community a sense of being a Village is its through streets. He said maybe Mr. Zagrobelny was right and there should be more bicycles. Trustee Pat McDonnell offered a motion to table the application that was seconded by Trustee Robert Ruffner and passed unanimously. The Mayor then opened a public hearing at 11:14 PM to receive public comment on a proposed local law to set a ½ hour parking limit on Main Street from Whaley/Paine to Riley/Elm. The hearing notice was read and the Mayor invited comment from the public. Cindy Thompson of 39 Hickory Lane in the Town of Aurora said she was in support of changing this parking limitation in order to help the businesses that surround this area. Arthur Giacalone of 140 Knox Road asked what motivated the proposed law and was told a petition requesting the change had been submitted by all of the businesses in the area except for one. Mr. Giacalone nevertheless said that he was concerned about having to complete his business transactions within thirty minutes and said it really isn t fair to want people to rush through their business and then leave right away rather than linger at other businesses. He said ½ hour parking causes too much turn-over. He suggested onehour. Gloria Elmer of 789 East Fillmore said she would like to see a limit of only one hour parking as well. Gary Grote, Executive Director of the Greater East Aurora Chamber of Commerce, said he thinks there is a need for reduction. People are usually in and out of the most affected businesses real quickly he said. He said maybe ½ is too little but the Board should look at the businesses in the area. Dennis Doing of 289 Walnut and owner of Doing Hardware said most businesses are upset because the customers complain to them and these are the members of the community. He said the signs would be there to get people to conduct their business quickly. There being no further public comment, the Mayor closed the public hearing at 11:21 PM and referred the matter to the Board. 12

13 Trustee McDonnell stated that limiting the parking might send a message and Trustee Foster noted that it was only in this block that the limitation would be in effect. Mayor Pagliaccio said the Board should make it ½ hour parking and be done with it. He said the business people have all said they want this and it is only between the viaduct and Whaley/Paine Streets. Trustee Dewey offered the following resolution and moved its adoption: RESOLUTION NO.: DATED: August 20, 2001 WHEREAS, Proposed Local Law Number to amend Chapter 86 of the Code of the Village of East Aurora has been presented to the members of the Village Board of Trustees, and WHEREAS, a Public Hearing as required by law has been held concerning Proposed Local Law Number on August 20, 2001, NOW THEREFORE BE IT RESOLVED that Proposed Local Law Number be approved and adopted as printed and presented, and BE IT FURTHER RESOLVED that this local law shall take effect immediately. Seconded By Trustee David DiPietro. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. BE IT ENACTED by the Board of Trustees of the Village of East Aurora, New York, as follows: 1. Chapter 86 of the Code of the Village of East Aurora, New York, entitled VEHICLES AND TRAFFIC is amended to read as follows: NOTE: Material within brackets is eliminated. The material underlined is added to and 13

14 included in the Code of the Village of East Aurora, New York CHAPTER 86 VEHICLES AND TRAFFIC Section (E) ***** Section F. Subject to Section C On the north side of Main Street between North Grove Street on the west and a point four hundred four (404) feet east of Pine Street on the east; (provided however, that no person shall park in a vehicle under his control or permit the same to stand for a period than ten (10) minutes in the area commencing two hundred forty-eight (248) feet east of the intersection of Main Street and Whaley Avenue and running thence easterly sixty-three (63) feet, and further) provided that no person shall park a vehicle under his control, or permit the same to stand, in the areas designated in Sections A(39), (86-23 A(61).) and A(80), except that parking shall be permitted for no longer than fifteen (15) minutes at a point commencing two hundred (200) feet east of the east curbline of Pine Street and terminating two hundred thirty (230) feet east of the curbline of Pine Street [Amended by L.L. #1-1991; by L.L. #8-1992] Section G. Subject to Section C On the south side of Main Street between Paine Street on the west and a point one hundred twenty (120) feet east of the east line of Olean Street on the east, provided, however, that no person shall permit any vehicle under his control to be parked or standing in any of the locations set forth in Sections A(60), A(64), or A(65) of this Code, and further provided that parking shall be permitted for no longer than fifteen (15) minutes from a point commencing thirty-five (35) feet east of the east curbline of Olean Street and terminating one hundred twenty (120) feet east of the east curbline of Olean Street. [Amended by L.L. #1-1991] Section 86-18H 86-19B ***** 1A Section C. No person shall park any vehicle under his control nor permit the same to stand, between 8:00 a.m. and 6:00 p.m. on the north side of Main Street from Whaley Avenue to Riley Street or on the south side of Main Street from Paine Street to Elm Street for a period in excess of one half hour except on Sundays and legal holidays. 14

15 Section ***** Effective Date: This local law shall become effective August 20, 2001 SPEAKERS AND COMMUNICATIONS The Mayor noted a letter received from Town of Aurora/Village of East Aurora Disaster Coordinator Kevin Foley tendering his resignation from that position effective September 4, Trustee Ruffner offered a motion, seconded by Trustee Peters and passed unanimously to accept the resignation with regret and appreciation and asked that a letter be sent to Mr. Foley thanking him for all of his assistance. The Mayor also noted a letter received from the Chamber of Commerce regarding the Chamber s opposition to the Village seeking recovery of costs associated with environmental cleanup of the new Senior Citizens center. Mayor Pagliaccio noted a letter received from Explore & More Children s Museum thanking the Village for their continued support. Mayor Pagliaccio also noted a letter received from Ellen Moomaw regarding the renovation of the Aurora Village Shopping Center. Gary Grote, Executive Director of the Greater East Aurora Chamber of Commerce, asked how long it would take for the ½ hour parking limit signs and was told it would take a week or two. Arthur Giacalone of 140 Knox Road said he wished to express his disappointment that the plaza façade was not getting done more quickly. He also said outdoor displays for Tops had been approved but now shopping carts block the front entrance to Tops. Christine Peters said she was curious because she had not seen the outdoor displays recently. Mr. Giacalone said a neighbor of the old Tops sight had told him she had been shown a plan for that sight by some surveyors last week that showed a drugstore. He said Benderson had promised to limit future use of the sight to small retail, financial and medical office uses. Mr. Giacalone also said he had been trying to engage this Board in a dialog regarding S- G press and its current business status. He said Trustee Dewey was incorrect about what the Board s intentions were back in Mr. Giacalone said S-G press was supposed to be forced to go out of business. He said not doing this goes to the fabric of the integrity of this Board. Clayton Bailey, he said, had said he wanted to turn the property into residential and Mr. Giacalone asked the Board to compel that the properties being used by S-G press be turned into residences. 15

16 Gloria Elmer of 879 East Fillmore said she was concerned that Benderson and the Tops organization are not keeping their word. Lee Baber of 120 Blake Hill Road urged the board to seriously consider a noise ordinance at this time saying other communities have noise ordinances. Cindy Thompson of 39 Hickory Lane said that Aurora Ventures has said it will make East Aurora a destination community and encouraged the Board to undertake long-term planning. There were no additional speakers. STAFF REPORTS The Mayor asked if staff members were present to offer reports on any matters. Mr. Harbison reported on building permit activity for July saying that the Village was on pace to meet or exceed the record year of He also said that the day before he had issued the certificate of occupancy for the new Senior Citizens Center. Mr. Richey reported hiring two new part-time dispatchers and told of the need for new crossing guards stating a help-wanted ad was going in the newspaper this week. OFFICIAL CONSIDERATIONS The Mayor asked if any Board members wished to comment on any particular topic. Trustee Dave DiPietro distributed a draft noise ordinance he said he had prepared and also expressed disappointment that nothing had been done with the plaza façade saying Benderson always has 28,000 excuses. Trustee Christine Peters thanked Trustee DiPietro for the noise ordinance and said with the new TEA-21 application due in November that there should be at least one public forum to decide what to include in the upcoming TEA-21 application. Mayor Pagliaccio thanked the Village staff for the new directional parking signs and for placing the new Explore & More directional signs. Trustee DiPietro asked that discussion of what to do about the S-G Press properties be discussed at the next work session. There were no additional comments. RESOLUTIONS AND MOTIONS 16

17 Trustee Sara Foster said she and Trustee Christine peters had met and discussed the authorization to enter into an agreement with Jaeckle, Fleischmann & Mugel to seek recovery of costs associated with the environmental clean-up at the new Senior Citizens center. She said they had doubts about doing this, talked with the staff and the mayor and come to a decision to terminate the agreement. She said they had three reasons for doing this including: 1) the Village still had a fiduciary responsibility to the residents, but 2) she thought the State DEC had already completed their criminal investigation and, 3) she thought R & D Engineering had done a Phase I on the property. She said she still believed in the first point but she was not sure the costs could be recovered from those responsible and she was concerned that R & D could be named in a lawsuit. Trustee Christine Peters said she had looked on the Internet to find out if R& D had done a Phase I study or an Environmental Audit. She said the statute of Limitations on the contamination was six years and hoped the Village would pursue their criminal investigation to pinpoint those responsible rather than having the Village go after several people. Trustee Sara Foster offered the following resolution and moved its adoption: RESOLUTION NO.: DATED: August 20, 2001 WHEREAS, this Board pursuant to a resolution passed on July 16, 2001, did authorize Jaeckle Fleischmann & Mugel to pursue on behalf of the Village recovery of costs associated with the clean-up of premises at 587 Oakwood Avenue, east Aurora, New York, from responsible parties and; WHEREAS this Board has reconsidered the matter of recovery of such costs; NOW THEREFORE BE IT RESOLVED as follows: 1. That the Village not seek recovery of such costs at this time. 2. That the staff notify Jaeckle Fleischmann of this resolution and direct such office not to pursue recovery of such costs and to submit its bill for services rendered and disbursements incurred. Seconded by Trustee Christine Peters. Discussion followed with Trustee McDonnell asking if the second point of the resolution meant the attorney would bill the Village for the reasonable value of its services to date. Mr. Andruschat explained that was what was intended. Trustee DiPietro commended Trustees Foster and Peters. Mayor Pagliaccio asked them what had caused them to change their minds. Trustee Foster responded that she thought the criminal investigation was concluded and would 17

18 further the Village s efforts. She said she was uncomfortable that the Village would pursue several avenues. Mayor Pagliaccio read a prepared statement as follows and asked that it be included in the minutes: Approximately 10 months ago it was agreed that we should seek recovery of costs associated with the clean-up at the senior center sight. It was further agreed that we should contact the previous owner to pursue voluntary participation prior to a formal coarse of action. At the direction of the Village Board the Staff met with Mr. Delia and his legal council and asked for voluntary participation in the clean-up. His council requested certain documents, which they were given. They said they would review them and get back to the Village. They were given everything requested and never got back to the Village. Having not been successful with voluntary participation by the previous property owner, at the request of a number of board members to pursue recovery of costs, the staff provided information necessary for the Village Board to decide whether or not to formally seek recovery of costs. It was decided to go forward. When I first became aware of Trustee Foster and Trustee Peter s interest in rescinding the recovery effort and that they had a number of questions I suggested that they meet with Staff. Shortly after meeting with Staff they directed that a resolution to rescind the recovery effort be prepared. I then contacted Trustee Foster and Trustee Peters and suggested that they meet with our environmental council before moving forward. That meeting took place with Mr. John Kolaga, Trustee Foster, Trustee Peters and myself. Staff was not present. The meeting with Mr. Kolaga pointed out the following: Based on their professional skills and investigation to date including a review of the DEC files, they believe the case has very strong merit. If it did not they would not continue since the agreement with the Village is on a contingency. The evidence shows that the chemicals found in the drains were the same chemicals for which the Delia Car Corp. had a permit from the DEC requiring disposal off site. 18

19 Pursuing recovery costs from a former owner for polluting property is a statutory right regardless of when the contamination was found. Based on what has been found since we passed the resolution reveals additional information that we did not know at the time. Given what we know now it would be unconscionable and a breach of an elected officials oath of office not to pursue the statutory right to seek recovery. Bottom line it is just plain wrong to rescind the cost recovery effort. Trustee Ruffner asked why this info was not forthcoming and said he had still not seen a copy of the environmental law. He said the matter should have been tabled as he suggested. Mayor Pagliaccio said it was a smoke screen on whether or not the Phase I was called a Phase I or an Environmental Audit. He said the Village still had a statutory right to seek recovery. Trustee McDonnell asked why if NY Telephone used those same chemicals, why weren t those chemicals found. Mayor Pagliaccio responded that the DEC had found the Delia Company had a permit to dispose off site the same chemicals that were found contaminating the ground. Trustee McDonnell called the question and Mayor Pagliaccio demanded a roll-call vote. Upon voting the results were as follows: Mayor Pagliaccio Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner NAY NAY Motion carried. Trustee Christine Peters said there had been no structural or environmental inspections done on the property and that environmental clauses had been stricken from the purchase agreement. Mayor Pagliaccio responded that the items stricken had to do with a residential purchase contract. Trustee Peters said she would agree to disagree. 19

20 UNFINISHED BUSINESS Mayor Pagliaccio noted a letter received from the developer of the proposed Cazenovia Ponds Townhomes stating he would be revising his plans and submitting revised drawings. Trustee Dave DiPietro offered a motion removing from the table a development plan application for 695 Main Street. Seconded by Trustee Sara Foster and passed unanimously. Trustee Christine Peters offered the following resolution and moved its adoption: RESOLUTION NO.: DATED: August 20, 2001 RESOLUTION RE APPROVAL OF DEVELOPMENT PLAN FOR PREMISES AT 695 MAIN ST., EAST AURORA, NEW YORK. WHEREAS, premises located at 695 Main 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, ROBERT MILLER CONSTRUCTION INC. has submitted a Development Plan calling for the erection of a building and site development; 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, drainage and signage; and WHEREAS, the use proposed in the Development Plan is a permitted use within the zoning district classification in which the premises are located; and 20

21 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 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 is compatible with the neighborhood. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That this Board does hereby approve the Development Plan submitted by ROBERT MILLER CONSTRUCTION INC. attached hereto. Seconded by Trustee David DiPietro. Discussion followed with the Board noting all requested changes had been made. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. NEW BUSINESS 21

22 Trustee Christine Peters offered a motion referring to the Planning Commission and Safety Committee a rezoning application for 525 Oakwood Avenue submitted by Steven Oubre. Seconded by Trustee Robert Ruffner. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. Trustee Dave DiPietro offered a motion referring to the Planning Commission an application to amend an approved development plan submitted by the Patina restaurant at 687 Main Street. Seconded by Trustee Pat McDonnell. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. Trustee Christine Peters offered a motion approving a special permit application submitted by Tops Markets for a Car Seat Safety Check at the Tops store on Grey Street on August 23. Seconded by Trustee Robert Ruffner and passed unanimously. Trustee David DiPietro offered a motion setting a public hearing for September 4, 2001 at 8:00 PM to receive public comment on an application for an Outdoor Display Permit submitted by Williston Auctions at 19 Hamburg Street. Seconded by Trustee Christine Peters. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. 22

23 Trustee Sara Foster offered a motion approving a request for use of Village facilities submitted for the City of Light event in Hamlin Park on August 23, Seconded by Trustee Robert Ruffner and passed unanimously. There being no further business Trustee David DiPietro offered the following motion: That the August 20, 2001 meeting of the Village Board of Trustees be adjourned. Seconded by Trustee Robert Ruffner. Upon voting the results were as follows: Trustee Dewey Trustee DiPietro Trustee Foster Trustee McDonnell Trustee Peters Trustee Ruffner Motion carried. Meeting adjourned at 12:30 AM on August 21, Respectfully submitted, Patrick E. Richey Village Administrator 23