Niagara Town Board tables hearing on Laurelton Subdivision

by Ralph Schwarz
Niagara Wheatfield Tribune, March 23, 2006

The Niagara Town Board tabled a decision on the proposed third phase of the Laurelton Subdivision at Tuesday’s board meeting after the developer failed to incorporate changes requested by the town as far back as September 2002 in the final site plans.

“After reviewing these plans, I personally feel that the plans are not even anywhere near ready,” said Town Supervisor Steven Richards during the public hearing preceding the board meeting. “There is not one single item I can see that they implemented in these plans after they were told by the Planning Board back on Sept. 24, 2002 and Dec. 27, 2005.”

Proposed by Brookshire Development Corp., the third phase would add 66 new homes to the 22 already built on land bordered by Grauer Road and Kay Ellen Drive. In the past, residents whose properties abut the subdivision have expressed concerns about drainage problems that already existed before the first phase of the development was started.

Requests Not Implemented

Richards highlighted several items that the most recent plans for the third phase of the subdivision, submitted by project engineer Tim Arlington of Apex Consulting, failed to incorporate. For example, the Planning Board requested 20-foot easements for drainage and utilities, but the plans still list them at 15 feet. Further, the plans still shows at least nine parcels that are smaller than the minimum size of 75 feet; no details have been filed by the developer that clarify the expected disturbance of the nearby federal wetland and the measures to protect those wetlands during the construction phase; and no plans on grading, storm water pollution and drainage have been submitted to the town for review.

“At this point, there is no sense in having a public hearing when the developers have not complied with anything we said, yet,” Richards said. “I don’t think it’s at a point where it should even be discussed.”

Hearing Adjourned

With Arlington’s permission, the Town Board unanimously voted to adjourn the public hearing until the next public meeting on Tuesday, April 18.

“We (as a Town Board) are doing our due diligence here, that’s pretty obvious,” Richards said. “So this is going to be adjourned until next month. If these things are not addressed by then, I certainly know how I would vote by that time myself. These things should be addressed – it’s been going on for four years.”

Deputy Supervisor Marc Carpenter echoed a similar opinion.

“There are a lot of things we need to look into and get answers for,” he said.

“I personally think that subdivision is laid out nice, but there are concerns,” Richards said. “And if the developers fail to address those concerns for four years, you have to wonder whether they try to sneak this by the Town Board.”

As discussed in the March 16 work session, the town plans to have the town engineer re-survey the elevation on the Grauer Road lots to ensure the drainage works properly before 66 new homes would be added.

“I still have serious concerns about the drainage, as well as with the elevation of the older homes and newer homes,” said Councilman Michael Ross.

“We’re concerned as much as you people are,” said Councilman Lavern Haseley. “But we do our best.”

Agenda Items

In other business, the Town Board unanimously voted:

•To pay bills as properly audited and verified.

•To approve the final site plan for Rocco Rendazzo, 7637 Porter Road, Tax Map No. 145.12-3-40.

•To authorize the Water/Sewer Department to spec and bid out one new and unused medium-duty single-axle 10-ton dump truck.

•To authorize the Water/Sewer Department to spec and bid out one new and unused medium-sized pickup truck.

•To urge Gov. George Pataki and the New York state Legislature to increase local funding for highways and bridges.

•To increase the Stop Work Order fees to $100 for residential and $500 for commercial project to defray the cost of process and review thereof per Town of Niagara Code Chapter 155-17.

•To declare the month of June “Bulk Cleanup Month.”

•To authorize the payment in the amount of $33,027.29 to Urban Engineers of Western New York for services rendered relating to the Tuscarora Bridge Project.

•To accept the liquor license renewal letter of LaSalle Sportsmen’s Club Inc.

•To approve the 2006 contract between the Town of Niagara and the NIOGA Library System in the amount of $5,000.

•To table the request of the Cayuga Mobile Homeowners Association to use the Town Hall on the second Wednesday of each month at 7 p.m. for an hour.

•To appoint Supervisor Steven Richards as a marriage officer for the Town of Niagara with the term expiring Dec. 31, 2007.

•To approve the 2006-07 Network Services Agreement between the Town of Niagara and PCA Group at an annual rate of $118 per hour for 125 to 174 hours.

•To approve the final site plan for Mark Cerrone, 2368 Maryland Drive, Tax Map No. 130.15-405.

•To authorize the implementation and funding in the first instance 100 percent of the federal aid and state Marchiselli Program aid eligible costs of transportation federal aid project and appropriate the funds for the rehabilitation of the Tuscarora Road Bridge.

•To approve the amendment of the agreement with CSX Railroad in regards to the Tuscarora Road Bridge rehabilitation project.

•To appoint Suzanne-Marie Fulle as chairwoman of the Zoning Board through Dec. 31.

•To direct Town Attorney Robert Merino to draft legislation concerning convicted sex offenders and their residencies within the Town of Niagara and to present the draft legislation at the Town Board’s first work session in April.

Next Meeting

The Town Board will hold regular work sessions on Thursday, April 6 and 13, at 7 p.m. The next Town Board meeting will take place on Tuesday, April 18, at 7 p.m.