Wheatfield Town Board addresses subdivision issues

by Ralph Schwarz
Niagara Wheatfield Tribune, May 6, 2004

The Wheatfield Town Board voted on two separate issues relating to new subdivisions under construction within the town's boundaries during its May 3 meeting.

The board first approved the final plans for the proposed Shawnee Hill subdivision by a 4-1 vote. According to design plans presented by developer Bob Weaver and engineer Neil Kochis, the proposed development located on the southeast corner of Hill and Shawnee roads consists of 50 lots, a 3-acre wet pond, a half-acre recreation area and a 2,000-foot-long road connecting the two aforementioned roads.

As part of the approval, the subdivision's design engineer must consult with National Fuel Gas Co. to determine whether a utility easement is needed along the lot frontage of the south side of Hill Road for the installation of a gas line. In addition, the design engineer must also await the approval of two connections to the existing Niagara County sanitary sewer line along Shawnee Road.

The developer or his engineer must also meet with the town engineer and the town highway department to discuss whether the rear-yard drainage system needs to be extended into the existing swales on adjacent properties along the eastern and southern property lines of the subdivision.

Town Supervisor Timothy Demler cast the lone "no" vote due to concerns about inadequate access to the subdivision off of Hill Road.

"We have a couple of concerns, not complaints, [from residents] about the road access being too narrow on this particular subdivision," he said prior to the vote.

According to Demler, several residents on Hill Road contacted him last week with concerns that the existing roads could not handle the increased traffic coming from the subdivision.

"For the record, I'm not against the project," he said. "I just had issues with that road."

Town Engineer To Inspect Easement Lines

In the other subdivision-related matter, the board unanimously approved to direct Town Engineer Timothy Walck of Wendel Duchscherer Architects and Engineers to oversee the correct installation of utility lines in the easements of new developments.

The decision was prompted by a recent problem involving the Settlers Run subdivision.

According to Town Attorney Robert O'Toole, the utility lines installed by Adelphia Cable Co. lie outside the easement areas shown on the plat map filed with the Niagara County Clerk's Office. Although the developer, Sil Barone of Wheatfield, initially agreed to reset the utility line to correct the problem, a new proposal asks for a redrawing of the plans for the development.

"We have not concluded in our building department or in our engineering department, who is enforcing the easements that we put down in our flood plans," Demler said prior to the vote. "I agree with the position that we require revision to the plat map. But whose job is it to make sure that these easements are upheld?"

According to Demler, the corrections to be made by Barone could amount to $10,000.

"We have to protect the residents," he said. "But my issue is who's going to be in charge? I think the town engineer who approves these plans at the planning board, has obviously failed to inspect these easement lines."

Walck said that inspecting the installation of private utilities does not fall under the responsibility he has to assume according to the contract between his firm and the town.

"I don't agree that the town engineer should inspect these easements," he said. "For clarity, we were not responsible for them in the past."

Demler responded by saying that the town board is only asking of its engineer to verify the plans that are recommended to the board.

"If you have those lines drawn on a board and you don't enforce them, what's the sense of having them?" he said.

Walck is expected to meet with the town attorney and Building Inspector Don MacSwan in the upcoming weeks to develop guidelines relating to the inspection of easement lines.

Other Business

In other business, the Town Board unanimously voted:

• To approve the list of 15 seasonal employees for the Recreation Department as submitted.
• To authorize the town supervisor to sign the annual storm water report, following the completion of the report.
• To approve the PIP application for the construction of waterline and sanitary sewer for the first phase of the Eagle Chase subdivision, under the condition of five contingencies.
• To table the approval of a contract with an outside contractor for the maintenance of heating, ventilation and air conditioning in the town buildings.
• To schedule a joint public hearing with the city of North Tonawanda Common Council for Monday, May 17, at 7 p.m. to discuss the annexation of land owned by Michael Anczok on River Road from the city of North Tonawanda to the town of Wheatfield.
• To direct the Building Department to refrain from issuing any certificates of occupancy for new construction in the Settlers Run subdivision until Sil Barone Homes receives approval for and filed an amended subdivision plat map.
• To recognize the heroism of the American men and women in uniform throughout world who protect the United States and the world against terrorism.
• To pay bills as audited.

Next Meeting

The Town Board will host its next meeting on Monday, May 17, at 7:30 p.m. An open work session starting at 6:30 p.m. and a joined public hearing starting at 7 p.m. will precede the meeting.