Town working on agreement on Shawnee Landing access

Niagara Wheatfield Tribune, February 15, 2007

The Wheatfield Town Board is nearing an agreement on access roads to Shawnee Landing.

The news comes after Belmont Shelter Corp., developer of the proposed low-income housing units opposed by residents in the surrounding neighborhood, sued the town on the matter.

Town Supervisor Timothy Demler said at Monday’s Town Board meeting that the town is “on the cusp” of an agreement to deny access to the Shawnee Landing development from Demler and Klemer roads.

The town will meet with reps of Belmont and the Church at Shawnee Landing.

“We believe that we will have an agreement with a road access to Shawnee (Road) only, within the next day or so,” Demler said at Monday’s council meeting.

The board moved to restrict access to the developing site from Demler and Klemer roads, citing safety concerns.

Saying he was uncomfortable waiting until the board’s next meeting on March 12, Demler called for a special meeting for Feb. 26 at 6:30 p.m. in Town Hall to review the access issue and review a potential rezoning of the church.

“The site plan is what it is,” Demler said. “And it’s very clear about what the access and egress is.”

“I don’t know where they’re getting off thinking that the town is doing anything except doing what we would do for any other development or project in the town,” Demler added. “We have done nothing different or out of the ordinary for this.”

After the meeting, Demler learned of the existence of a copy of the town Planning Board minutes from Dec. 19, 2001, that said: “Shawnee Landing - Informal Discussion - Reviewed sketch plan for two (2) eighty (80) unit senior citizen housing (complexes) and church campus on 20 acres of land located between Shawnee and Demler Road.”

Residents opposed to having low-income apartments in a residential neighborhood of $250,000 have spoken out at several recent town meetings.

In an unrelated proposal, the board held a sometimes acrimonious work session before the meeting regarding the Villas at Sawyer Creek subdivision proposal and voted to send the matter back to the Planning Board asking for restrictions on access to the subdivision. The board removed crossroads to Wheatfield Heights, Somerset and Marigold.

Also, facing a 62-day deadline to give the Shawnee Meadows project final plat approval for its 82 single family lots, the board gave a thumbs up, but with several conditions. Deeds must identify wetlands on lots, as a notice to prospective homeowners. Wetlands will have conservation easements.

Demler said these stipulations addressed concerns raised about the project at the last meeting. Other stipulations include those regarding construction activities, such as time constraints, and traffic to Shawnee Road. The subdivision is south of Moyer Road.

During discussion of the Shawnee Meadows development, two residents, Jane Schultz and Judy Ponzi, expressed their long-standing reservations that a member of the Niagara County Builders Association, Gary DiMatteo, sits on the town’s planning board. DiMatteo’s Rosal Construction is working with Robert Weaver, Shawnee Meadows developer.

Town attorney Robert O’Toole said he has been “uneasy” with that situation “for quite a while.” DiMatteo’s five-year term expires at the end of year. One member of the audience called his presence on the board a conflict of interest. Demler said, “It’s something that needs to be addressed.”

Demler said the Association of Towns has recommended having a builder on the planning board. “We’ve never had a problem with this particular member before,” he added, saying DiMatteo was a member before any of the current council had joined the board.

The town approved the Shawnee Meadows subdivision, but Demler was highly critical of its developer.

“I don’t see Mr. Weaver here. Why is that?” Demler said. “Frankly Mr. Weaver should be here. This town has worked with Mr. Weaver in the past.”

“We have made him jump through no more hoops than any other developer in this town has. And I think Mr. Weaver’s attitude toward this town board is reprehensible,” Demler said. “I think that this town board should look long and hard when dealing with Mr. Weaver in the future.”

Demler agreed that the developer had done his due dilegence, but Weaver’s conduct in the past four weeks has “been dubious at best.”

O’Toole said there is no real point in holding up the matter, and the board can’t compel anyone to come to Town Hall. The approval was passed 5-0.

Also at the meeting:

•The board approved a contract with CRA engineering to complete the ERP application for funding the remediation of the River Road Park.

•Approved a change order for the Town Hall roof replacement and the highway garage roof replacement totaling $21,986.25. The work will cover removal and replacement of 3,997.5 square feet of metal roof deck at a bid cost of $5.50 per square foot.

•The board granted final plat approval to Hidden Ridge Estates subdivision, which includes 16 single-family lots, with three contingencies. The matter passed 5-0.

Hidden Ridge will tie into Stone Ridge. On Oct. 16, the council gave the project a negative declaration on environmental review. The board reviewed engineering plans, and the Planning Board recommended approval on Feb. 7.

“It’s nice to have a developer actually in the audience,” Demler said to Hidden Ridge developer Richard Zetes, a frequent visitor to town hall on the matter. He attended Monday’s meeting with engineer Kristin Gamble of Advanced Design Group.

•Set a public hearing to amend Local Law 3/2006, 2/2006 Licensing of Electricians, for March 12 at 7 p.m.

•Tabled an increase in fees for certificate of occupanCy, to $40 for common spaces and $10 for each dwelling unit; and increased pool fees: $50 for in-ground pools, $25 for above-ground pools over 24-inches in height, and $50 for above-ground pools over 24 inches with a deck.

Building inspector Jennifer Caldwell told the board that state minimum requriments have changed, and a deck requires a couple more inspections for gates and post holes.

Demler took issue with a pool fee. He said the fee cost relative to the cost of the pool is punitive to residents. Saying he didn’t mind raising fees as needed for builders, “I think you’re punishing residents to make them go through all this stuff for pools.”

Caldwell said the town requires permits for sheds, so why not pools? Pools also raise zoning issues regarding their proximity to other structures, she said.

Retzlaff said some pools are used just for a few days, and to charge a fee for them is “ridiculous,” he said. He moved to table the matter, and the other four council members agreed.