VILLAGE OF EAST AURORA VILLAGE BOARD MEETING July 17, 2017 7 PM Present: Mayor Kasprzak TRUSTEES: Raymond Byrnes, Kristin Cameron, Ernest Scheer, Patrick Shea Absent: Trustee Peter Mercurio, Trustee Steven Lazickas Also Present: Nancy Burkhardt, Deputy Clerk Robert Pierce, Village Attorney Bryan Gazda, Village Administrator Matthew Hoeh, Department of Public Works Superintendent Shane Krieger, Chief of Police Bill Kramer, Code Enforcement Officer Nancy Burkhardt, Deputy Clerk East Aurora Advertiser East Aurora Bee Attorney Melanie Beardsley (later in evening) 29 Members of the public Mayor Kasprzak opened the meeting at 7:00 pm followed by the Pledge of Allegiance. The meeting minutes from July 5, 2017 were tabled until the next meeting in August. Motion by Trustee Byrnes to approve the minutes from June 19, 2017 as presented. Seconded by Trustee Mercurio and unanimously carried. Trustee Byrnes moved to approve the payment of vouchers: # 55777-55836 in the amount of $296,628.55 Seconded by Trustee Scheer and unanimously carried. HEARINGS Amy Gates dba Tres Chic Pet Boutique for a daytime dog kennel. Motion by Trustee Shea to open the public hearing at 7:02pm. Seconded by Trustee Byrnes Motion carried 5-0. Mayor Kasprzak opened the floor to statements, questions or comments. Amy Gates, owner of Tres Chic Pet Boutique, 660 Persons Street, organized a meeting with the neighbors with the assistance of Trustee Shea. Allowed for neighbors to meet with Amy, for her to answer questions, and come up with some solutions to areas of concern, and post them publically on the Tres Chic website. John Lyons 155 Olean Is adamantly opposed to any outdoor kennel. Mayor Kasprzak clarified there is no outdoor kennel as part of this application. As everything will be indoors, he has no objection then.
Matthew Soloman 321 Center Street Spoke in favor of Amy Gates and her business. Al McCabe 169 Olean Street Took notes from the meeting with Amy and would like to address some questions in front of the Board. - What kind of doors/windows/will they be opening the doors? - There will be no feeding on premise? - The ratio of dogs to personnel? - How they will be maintaining safety during walks? - The maximum number of dogs allowed at 660 Persons? In response to the aforementioned questions, Amy Gates responded with the following: - They will be using commercial grade insulation for noise reduction, and will not be opening the garage doors on their building. - There are no set guidelines to the ratio of dogs to workers, but they will be using ones listed by the ASPCA, which is a 15:1 ratio of dogs/people. They will be following this standard. - Tres Chic will be having, at maximum, at any given time, 25 dogs in the facility. Nancy Hall - 680 Persons Street - Direct neighbor, no problem with the request, she currently cannot hear any noise emanating from her business. Nancy often hears more noise from the traffic. Russell Gerardi 177 Olean Road Wanted to comment on the sound of traffic being minimal and only passing. If the Amy follows the terms dictated by the Board, he would be in favor of her business receiving the permit. Mayor Kasprzak clarified for the audience; the Board has the ability to both grant, and revoke permits. If an owner violates the terms of the permit, the Board can then revoke it. Motion by Trustee Shea to close the public hearing at 7:25pm. Seconded by Trustee Cameron. Motion carried, 5-0. Trustee Byrnes, seconded by Trustee Shea, made the motion to grant the permit with the following restrictions: 1.) The building shall be insulated for noise 2.) There is no outdoor keeping of the pets 3.) All dogs will be walked on a leash 4.) 25 Dogs is the maximum number of dogs allowed on the property 5.) 15:1 ratio of dogs to personnel 6.) Hours of operation will be as listed on the submitted application 7.) Maintaining of the grinder for waste disposal Motion carried, 5-0. SPEAKERS & COMMUNICATIONS (I) Thomas Brod - 566 Fillmore Ave expressed concern on the drainage at Fillmore and Whaley, and how it does not appear to be able to accommodate the increased flow of rain during a storm. Superintendent Matt Hoeh replied the situation is under review, and they are attempting to find a solution Deidre Maher 116 Olean St. expressed concern on the flooding being experienced on her property, which she attributes to a berm and fence constructed on the property line bordering the Medical Center and 166 Olean. Village Administrator Bryan Gazda responded that the Village needs to review this area to see if it is part of a larger overall situation of water collecting and being
diverted from private property, in which case this would be a civil matter, or if the source of the issue begins on the public roads and is tied to managing storm water overflow. Trustee Shea verified a follow-up review of the issue will be completed by Building Code Enforcement Officer Bill Kramer and Village Administrator Bryan Gazda to see if anything can be done. Anthony Kurdziel 554 Fillmore Ave echoed Thomas Brod s comments in regards to the flooding and drainage problem occurring on Fillmore and Whaley Avenue. A recently installed driveway apron has degraded significantly over the past year, due to the washout from the storm sewer overflow. Additionally, the bordering sidewalk has also degraded from this washout. As the responsible party for the sidewalk, he is afraid someone will fall and injure themselves on the fractured walkway. Al McCabe - 169 Olean From Olean down to Persons Street, there is a storm sewer that started significantly overflowing about five years ago. Any time there is a major storm, a tunnel of water overflows from the grate that replaced a previously installed manhole cover. The Village has placed the concern on the list of drainage issues to be reviewed. OFFICIAL CONSIDERATIONS Budget transfers to accommodate the year end payouts along with overages that have occurred and need to be covered. Motion by Trustee Shea, seconded by Trustee Sheer and unanimously carried. Trustee Shea noticed and abandoned vehicle missing its front end while doing the walkthrough of the Tres Chic Pet Boutique. Although junkyards are allowed in the MI District the vehicle is located, this seems like a rather informal junkyard. CEO Bill Kramer will be reviewing. Also, there is no Historic Preservation Meeting occurring in August. Trustee Sheer has been fielding complaints as to the lack of porta potties at the Backyard Bash during the past two weeks. Trustee Shea and Sheer verified the providing of porta potties was part of the permit stipulations. Village Administrator Gazda will be reaching out to the Town of Aurora Recreation Department to follow-up on the situation. Mayor Kasprzak: Reported the dates/times/locations of the three upcoming hearings regarding the Shared Services Plan law passed by New York State. To meet the requirements of this newly passed law, the Village submitted: a formalized agreement with the Town of Aurora for maintenance of Hamlin Park, along with the intention of working with the Village of Williamsville and Hamburg to put together an RFP for new software. Senator Gallivan will be visiting the Village of East Aurora at 11 AM on Tuesday, July 18 th to discuss past funding received by the Village, and the projects it financed. UNFINISHED BUSINESS Motion by Trustee Byrnes for acceptance of the SEQR Review and Findings for Re-zoning of 0 & 41 Hamlin Avenue, and the adoption of the Local Law, seconded by Trustee Shea, unanimously carried.
Motion by Trustee Brynes for SEQR and Development Resolutions for 123 Grey Bank of America, seconded by Trustee Shea, unanimously carried. Motion by Trustee Byrnes for Development Plan approval for 123 Grey Bank of America, seconded by Trustee Sheer, amended by Trustee Byrnes to include the recommendations from the Planning Commission, unanimously carried. NEW BUSINESS Motion by Trustee Shea to schedule a public hearing for Monday, August 07, 2017 at 7:00 pm regarding the Development Plan Application for 227 Main Street for storage shed and deck platform. Seconded by Trustee Byrnes and unanimously carried. Motion by Trustee Shea to schedule a public hearing for Monday, August 07, 2017 at 7:00 pm regarding the application as submitted by Theodora Belniak to keep four - six egg laying chickens on her residence at 125 Sycamore Street. Motion seconded by Trustee Byrnes and unanimously carried. Motion by Trustee Shea to waive the 30 Day Municipality Notification for Walleweins, Inc at 641 Oakwood Avenue. Seconded by Trustee Sheer and unanimously approved. Request for motion by Mayor Kasprzak to allow him to sign the renewal for a two year contract with Municipal Solutions for general financial services, motioned by Trustee Shea, seconded by Trustee Cameron, unanimously carried. Motion by Trustee Shea to approve the Temporary Use Permit for the Summer Concert Series at Absolut Care as follows: VILLAGE OF EAST AURORA TEMPORARY USE PERMIT Pursuant to Chapter 285-52, of the Code of the Village of East Aurora. Person in Charge: Kate Walters Absolut Care at Aurora Park 292 Main Street East Aurora, NY 14052 (Non-Transferable) Valid only for days of Valid only for hours of For the purpose of August 2, 9, 16, 23 and 30, 2017 (Wednesday evenings) 6:00 pm 9:00 pm Summer Concert Series As per Village Board Approval on July 17, 2017 THIS PERMIT MUST BE DISPLAYED AT PLACE OF ACTIVITY
Special Conditions: Applicant named herein is fully responsible for obtaining any and all licensing with regard to the presentation or playing of music, pursuant to music copyright laws. The Village of East Aurora assumes no liability in this regard. Restoration: Complete clean up and maintenance of the entire area must immediately follow each activity. Motion seconded by Trustee Byrnes and unanimously carried. Motion by Trustee Shea to approve the Temporary Use Permit for the Toy Town Car Show sponsored by East Aurora Moose Lodge #370, to be held Saturday, August 27, 2017 from 9 am 5 pm as follows: VILLAGE OF EAST AURORA TEMPORARY USE PERMIT Pursuant to Chapter 285-52, of the Code of the Village of East Aurora Mooselodge #370 Person in Charge Charles Facklam 2748 West Blood Road East Aurora, NY 14052 Valid only for days of August 27, 2017 (Non-Transferable) Valid only for hours of For the purpose of 9:00 AM 5:00 PM Toy Town Car Show As per Village Board Approval on 07.17.2017 THIS PERMIT MUST BE DISPLAYED AT PLACE OF ACTIVITY Special Conditions: Restoration: activity. Complete clean up and maintenance of the entire area must immediately follow each Seconded by Trustee Byrnes and unanimously carried.
SPEAKERS & COMMUNICATIONS (II) Chuck Facklam representing the Mooselodge #370 several years back, the Village implemented a policy about sending out letters to citizens that will be affected by an upcoming event/street closure. He would like to speak out against the policy for several reasons: the mailing fee associated with the permitting process takes away from the resulting donation made to the Boys and Girls Club of East Aurora from the Toy Town Car Show, and, the letters sent out are sent to the actual property owners and not the actual tenants. If this process was to continue, he would suggest for the Village to put together a mailing list of the actual business owners and to send it to them instead. EXECUTIVE SESSION Motion by Trustee Byrnes to adjourn to executive session to discuss a personnel matter. Seconded by Trustee Shea and unanimously carried. The members of the Village Board will not be returning afterwards to deliver a decision. Respectfully submitted, Nancy Burkhardt Deputy Clerk