A regular meeting of the Town Board of Grand Island, New York was held at the Town Hall, 2255 Baseline Rd., Grand Island, NY at 8:00p.m. on the 19^th of July, 2010.

Present: Peter A. McMahon Supervisor

Mary S. Cooke Councilwoman

Richard W. Crawford Councilman

Gary G. Roesch Councilman

Raymond A. Billica Councilman

Patricia A. Frentzel Town Clerk

Peter C. Godfrey Town Attorney

Supervisor McMahon called the meeting to order at 8:00p.m.

Reverend Paul Nogaro from St. Stephen’s Roman Catholic Church gave the Invocation.

Councilman Gary Roesch led the Pledge of Allegiance.

PUBLIC COMMENTS:

This is an opportunity for residents to comment on any matter regarding the meeting agenda items only.

Speakers: Craig Eddy, Bill McKibben, Don Olivieri, Mary Olivieri, Greg Nearpass, Jean Konopczynski, Mike Ziolkowski Re: Cellular Towers

APPROVAL OF MINUTES:

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #45, July 6, 2010, Minutes of Regular Meeting #12, July 6, 2010, Minutes of Workshop Meeting #46, July 12, 2010 and Minutes of Workshop Meeting #47, July 13, 2010.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

CONSENT AGENDA:

1. Golden Age Center – Facility Usage – June 2010

2. Building Permits Issued – June 2010

3. Meeting Minutes – Zoning Board of Appeals – June 3, 2010

4. Niagara River Greenway – Niagara River Greenway Commission 2009-2010 Annual Report

5. Department of Real Property Tax Services – 2010 Annual Report

6. Time Warner Cable – Developments Affecting Time Warner Cable Subscribers in the Western New York Division

7. Meeting Minutes – Joint Meeting Town of Grand Island Commission for Conservation of the Environment & Parks and Recreation Advisory Board – June 10, 2010

8. Meeting Minutes – Commission for Conservation of the Environment – June 10, 2010

9. Meeting Minutes – Planning Board – June 14, 2010

10. Meeting Minutes – Special Planning Board Meeting – June 21, 2010

11. County of Erie, Department of Environment and Planning – Quarterly Report – 4/1/10-6/30/10

A motion was made by Councilman Crawford, seconded by Councilman Billica to approve the consent agenda as distributed.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Upstate Cellular – Long Road, West River/Fix Road, Veteran’s Park – Cell Tower Approvals:

Site Plan Approval – West River/Fix Road

A motion was made by Councilman Billica, seconded by Councilman Crawford to adopt the following resolution approving the Site Plan and Tower Permit for Verizon Wireless Fix Road cell site as follows:

WHEREAS, Upstate Cellular Network d/b/a Verizon Wireless (“Verizon Wireless”), by application dated November 1, 2007, applied to the Town Board of the Town of Grand Island (“Town Board”) for a Tower Permit and Site Plan approval and applied to the Zoning Board of Appeals (“Zoning Board”) for an area variance to construct a telecommunications tower at West River Road, having tax map number 50.17-01-3.12 (“Fix Road Cell Site”), in the Town of Grand Island (the “Application”); and

WHEREAS, the Town Board has duly considered the site plan as modified, including numerous alternative sites, the Environmental Assessment Form, the Negative Declaration, Dr. William Johnson’s October 20, 2008 report, the comments made at the public hearing, and such other information deemed appropriate; and

WHEREAS, the Fix Road Cell Site is located in the Town’s R1A Low Density Single Family Residential zoning district (“R1A District”) and Enhanced Environmental Overlay District (“EED”); and

WHEREAS, the Application was duly referred to the Erie County Planning Department, pursuant to General Municipal Law § 239-m; and

WHEREAS, on November 16, 2007, the Erie County Planning Department reviewed the Fix Road Cell Site and determined the Application to be a matter of local concern; and

WHEREAS, on December 6, 2007, the Zoning Board held a public hearing on the Fix Road Cell Site and representatives of Verizon Wireless and the public were afforded the opportunity to speak regarding proposed area variance; and

WHEREAS, representatives of Verizon Wireless met with the Planning Board at its scheduled meetings on November 12, 2007, April 14, 2008, September 8, 2008, January 12, 2009, February 9, 2009, April 13, 2009, to discuss the Fix Road Cell Site; and

WHEREAS, representatives of Verizon Wireless met with the Conservation Commission at its scheduled meeting on January 8, 2009 to discuss the Fix Road Cell Site; and

WHEREAS, representatives of Verizon Wireless met with the Town Board at its scheduled meetings on May 8, 2008, October 31, 2008, and July 27, 2009 to discuss the Fix Road Cell Site; and

WHEREAS, the Town Board held a public hearing on the Fix Road Cell Site on March 27, 2010; and

WHEREAS, on June 21, 2010, the Town Board, as Lead Agency under the New York State Environmental Quality Review Act (“SEQRA”) determined that the Fix Road Cell Site would not result in any significant adverse environmental impacts and issued a negative declaration of environmental significance; and

WHEREAS, on July 1, 2010, the Zoning Board approved the area variance; and

WHEREAS, the Town Board is fully familiar with the proposed location, surrounding parcels, and the larger neighborhood regarding the Fix Road Cell Site; and

WHEREAS, the Town Board now wishes to approve the tower permit and site plan for the Fix Road Cell Site as set forth below.

NOW, THEREFORE, be it resolved by the Town Board that:

1. The Town Board hereby issues a tower permit and site plan approval for the Fix Road Cell Site.

2. Verizon Wireless is a public utility, as defined under New York law, and also is licensed by the FCC to provide wireless telephone telecommunication services within and around the Town of Grand Island.

3. Under New York Law, public utilities such as Verizon Wireless, because they provide essential services and because a public utility transmitting facility must be located in a particular area in order to provide that service, is afforded a relaxed standard of review by zoning boards, rather than the standards generally required for the necessary approvals.

4. Verizon Wireless has established the need for a telecommunications facility to provide wireless service to the public for the portion of its network centered in and around portions of the Town of Grand Island.

5. Verizon Wireless has demonstrated its limited flexibility with respect to where it can locate the facility to provide the needed service.

6. Verizon Wireless has demonstrated that the proposed facility is inert, that it will not generate noise, odor, vibration or significant traffic.

7. Verizon Wireless has established, to the satisfaction of the Town Board, that the proposed tower is necessary to allow Verizon Wireless to provide an adequate level of service from this site.

8. Dr. Johnson’s report, dated October 20, 2008, confirmed (i) that Verizon Wireless has a need for coverage in this area; (ii) that the proposed location remedies the need; (iii) the necessity that Verizon Wireless be located as close to the western edge of the Town so as to minimize the amount of cross-border interference into Canada; (iv) that the proposed height is the minimum height necessary; (v) the lack of any co-location opportunities; and (vi) that the proposed site will comply with all FCC emissions regulations.

9. The Fix Road Cell Site is the least intrusive alternative.

10. The Town Board has reviewed the criteria for site plan review as set forth in Section 49-123 of the Town of Grand Island Zoning Ordinance (“Zoning Code”) and determined that the Fix Road Cell Site will not negatively impact any of the review standards.

11. The Town Board has reviewed the additional site plan review criteria for projects in the EED as set forth in Section 49-100 and 49-126(B) and have determined that the Fix Road Cell Site will not negatively impact any of the review standards. Constructing the tower in the EED prevents the EED from being subjected to a more intense use (e.g. residential development). Thus, the Fix Road Cell Site preserves and protects the EED from future development.

12. The Town Board has reviewed the requirement set forth in Section 49-201(C) of the Zoning Code that the tower be located five times its height from residential dwellings and hereby waives the setback requirement to allow the tower to be within five times its height from residential dwellings. The Town Board has reviewed the Zoning Board’s approval of a similar variance on July 1, 2010, and the Town Board grants the waiver for the following reasons, noting the facility is for a public utility:

a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the setback waiver;

The EED recognizes that many types of uses are acceptable, as long as impacts are minimized, and this is an allowed use. The setback waiver will not cause any undesirable change to the neighborhood or nearby properties. With the exception of the Colosi residence, the tower will comply with the 500’ setback requirement for all other residences,. Additionally, the nearest residence, besides the Colosi residence, is 635’, more than five times the height of the proposed 125’ tower. In order to preserve the aesthetics to the maximum extent possible for adjacent homes along West River Road, this Site was selected. The owners of the property where the tower will be located submitted a letter stating they do not object to the location of the tower within 500’ of their home. The tower will be significantly hidden, and, therefore the setback waiver will not have an undesirable change to the neighborhood or nearby properties.

b. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than a setback waiver;

There are no feasible alternatives to the proposed setback waiver if the Town is going to achieve its goal of minimizing impact. The location of the tower is based upon a number of factors, including the north property line, the residential homes along West River Road, and the wetland areas that are on the Property. The applicant has demonstrated that it can serve the public from but a few limited locations, thus severely limiting the alternatives (which were considered by the Town).

c. Whether the requested setback waiver is substantial;

The setback waiver is not substantial. The tower will be located 442’ from Russell and Patricia Colosi’s residence. The Colosis’ are the owners of the property where the tower is to be located, and do not object to its proposed location, and have submitted a letter in support of the area variance.

d. Whether the proposed setback waiver will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district:

The location of the tower will not have any adverse effects or impact. On June 21, 2010, the Town Board issued a SEQRA negative declaration and determined that the Fix Road Cell Site will have no significant adverse environmental impacts. Furthermore, there are no adverse physical impacts. As shown on Exhibit L of Verizon Wireless’ Application, the fall down radius of the tower is 62.5’.

The proposed tower location is more than adequate to provide a substantial buffer between the tower and all residences, including those closet to the tower. Moreover, the location of the tower in a heavily forested area will provide effective screening of the tower from the Colosi residence and surrounding areas. The road largely avoids the wetlands, creating a de minimus impact. As such, there are no adverse impacts from waiving the setback requirement of five times the height of the tower. Placement in EED will prevent use of the area as a home, preserving the environmental conditions in the vicinity.

e. Whether feasible alternatives not requiring a setback waiver are available:

As explained above, there are no feasible alternatives, particularly due to limits of sites where non-interference with Canada would occur.

f. Whether the requested setback waiver is the minimum variance necessary to afford relief:

The setback waiver requested is the minimum necessary for the site to be built. Moving the location of the tower will result in other negative issues, including increased wetland disturbance, a longer road, and aesthetic and setback issues regarding the north property line and other homes along West River Road.

g. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision, but shall not necessarily preclude the granting of the setback waiver.

The setback waiver is self-created only to the extent the applicant seeks to serve the area and its options are limited, but those limits come from the unique proximity of the site to Canada, and the particular site choice has been made to minimize disturbance to wetlands and comply with the setbacks to other homes, as well as limit road impacts.

13. The fall down zone of the tower, as set forth in Section 49-201(E) of the Zoning Code, is equal to the height of the tower, and the fall down zone is entirely on property controlled by Verizon Wireless.

14. The Town Board has determined, in accordance with Section 49-197(A) of the Zoning Code, that the Fix Road Cell Site: (i) is necessary to meet current telecommunications demands; (ii) conforms with all applicable FCC regulations and other applicable State or Federal regulations; (iii) is designed and constructed in a manner which minimizes its visual impact; (iv) complies with all other requirements of the Zoning Code; and (v) is the most appropriate site within the immediate area for the location of a telecommunication facility.

16. This resolution is effective immediately.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

Site Plan Approval – Veteran’s Park

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to adopt the following resolution approving the Site Plan for Verizon Wireless Sandy Beach (Veterans Park) cell site as follows:

WHEREAS, Upstate Cellular Network d/b/a Verizon Wireless (“Verizon Wireless”), by application dated December 22, 2008, and March 10, 2010, applied to the Town Board of the Town of Grand Island (“Town Board”) for Site Plan approval and applied to the Zoning Board of Appeals (“Zoning Board”) for a use variance to construct a telecommunications tower at Veterans Park, on property owned by the Town of Grand Island (the “Town”), having tax map number 24.10-1-6.2 with access through adjacent Town owned property having tax map number 24.10-1-7 (“Sandy Beach Cell Site”), in the Town (the “Application”); and

WHEREAS, the Town Board has duly considered the site plan as modified, including numerous alternative sites, the Environmental Assessment Form, the Negative Declaration, Dr. William Johnson’s March 26, 2010 report, the comments made at the public hearing, and such other information deemed appropriate; and

WHEREAS, the Sandy Beach Cell Site is located in the Town’s Open Space District (“OS District”); and

WHEREAS, representatives of Verizon Wireless met with the Planning Board at its scheduled meetings on January 12, 2009, February 9, 2009, January 11, 2010, and February 8, 2010, to discuss the Sandy Beach Cell Site; and

WHEREAS, the Town Board held a public hearing on the Sandy Beach Cell Site on March 27, 2010; and

WHEREAS, on May 6, 2010, the Zoning Board held a public hearing on the Sandy Beach Cell Site and representatives of Verizon Wireless and the public were afforded the opportunity to speak regarding the proposed use variance; and

WHEREAS, on June 21, 2010, the Town Board, as Lead Agency under the New York State Environmental Quality Review Act (“SEQRA”) determined that the Sandy Beach Cell Site would not result in any significant adverse environmental impacts and issued a negative declaration of environmental significance; and

WHEREAS, on July 1, 2010, the Zoning Board approved the use variance; and

WHEREAS, the Town Board is fully familiar with the proposed location, surrounding parcels, and the larger neighborhood regarding the Sandy Beach Cell Site; and

WHEREAS, the Town Board now wishes to approve the site plan and lease for the Sandy Beach Cell Site as set forth below.

NOW, THEREFORE, be it resolved by the Town Board that:

1. The Town Board hereby issues site plan approval for the Sandy Beach Cell Site in Veterans Park for the reasons stated herein and in the negative declaration.

5. Verizon Wireless has demonstrated its limited flexibility with respect to where it can locate the facility to provide the needed service.

6. Verizon Wireless has demonstrated that the proposed facility is inert, that it will not generate noise, odor, vibration or significant traffic.

7. Verizon Wireless has established, to the satisfaction of the Town Board, that the proposed tower and related infrastructure is necessary to allow Verizon Wireless to provide an adequate level of service from this site.

8. Dr. Johnson’s report, dated March 26, 2010, confirmed (i) that Verizon Wireless has demonstrated a need for coverage in this area; (ii) that the proposed location remedies the need; (iii) that the proposed height is the minimum height necessary; (iv) the lack of any co-location opportunities; and (v) that the proposed site will comply with all FCC emissions regulations.

9. The Sandy Beach Cell Site is the least intrusive alternative of the many studied by the Town. In making this determination, the Town Board notes that originally, Verizon Wireless applied to the Town to locate the tower on property located off of Huth Road or, alternatively, on property located off of Garden Parkway. Both of these sites did not comply with the Town’s setback requirement of five times the height of the tower, and were significantly more intrusive than the current proposal. Specifically, the Huth Road and Garden Parkway sites had 33 and 15 homes within five times the height of the tower, respectively. By comparison, the Sandy Beach Cell Site has 0 homes within five times the height of the tower. Other sites were evaluated but the property owner was uninterested in leasing the sites. Wetlands in various areas limited the available sites.

10. The Town Board has determined that the proposed “bell tower” with veterans themed panel designs will complement the Town’s Veterans Park and minimize the aesthetic intrusion. The antennas will be shielded from view by panels that will have designs honoring veterans. Thus, the tower will serve as a memorial for veterans and a symbol for Veterans Park.

11. The Town Board has reviewed the criteria for site plan review as set forth in Section 49-123 of the Town of Grand Island Zoning Ordinance (“Zoning Code”) and determined that the Sandy Beach Cell Site will not negatively impact any of the review standards. The use of the property will not conflict with the Town’s plans for the Park, and the access road will serve the park by providing access to a proposed maintenance building for the Park.

12. The fall down zone of the tower, as set forth in Section 49-201(E) of the Zoning Code, is equal to the height of the tower, and the fall down zone is entirely on property controlled by Verizon Wireless (through its lease).

13. The Town Board has determined, in accordance with Section 49-197(A) of the Zoning Code, that the Sandy Beach Cell Site: (i) is necessary to meet current telecommunications demands; (ii) conforms with all applicable FCC regulations and other applicable State or Federal regulations; (iii) is designed and constructed in a manner which minimizes its visual impact; (iv) complies with all other requirements of the Zoning Code; and (v) is the most appropriate site within the immediate area for the location of a telecommunication facility.

14. The Town Board hereby authorizes the Town Supervisor to enter into the Lease with Verizon Wireless to allow Verizon Wireless to construct, install and operate a wireless telecommunications tower and related infrastructure on the site as set forth in the site plan, and to submit for a home rule message, contingent upon the passage of the permissive referendum period required under law without a petition for a permissive referendum, for an initial term of five (5) years with four (4) five (5) year renewal terms, at an annual rent of Ten Thousand Eight Hundred Dollars ($10,800.00), and such other terms and conditions as agreed upon by the Town and Verizon Wireless. All revenue received by the Town under the Lease shall be separately accounted for from the General Fund and used for park purposes.

15. The Town Board directs the Town Clerk to file this resolution with the Town Supervisor of the Town of Grand Island and any person who has requested a copy; and to maintain a file of this resolution readily accessible to the public, and the Town Clerk is authorized and directed to publish notice of such permissive referendum, within ten (10) days from the date hereof, in accordance with Article 7 of the New York State Town Law.

16. This resolution is effective immediately, except as noted in paragraph 14.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

DEPARTMENT OF ENGINEERING & WATER RESOURCES – JOHN WHITNEY:

Grand Island Boulevard – Culvert Replacement:

Authorize New York State Department of Transportation – Adjustment to Sanitary Sewer Manhole

The NYS Department of Transportation has a project scheduled to replace the large culvert under Grand Island Boulevard that is located between the Whitehaven and Baseline Roads intersection. The Town has a sanitary sewer manhole in the vicinity.

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to accept the recommendation of the Town Engineer and authorize him to sign an agreement with the NYS Department of Transportation to perform work on the sewer manhole adjacent to a culvert project at no cost Town.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

Authorize Town Engineer to Sign – New York State Department of Transportation Utility Work Agreement

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to accept the recommendation of the Town Engineer and authorize him to sign the NYS Department of Transportation Work Agreement.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

Request Authorization to Advertise for Bids – Water Treatment Plant, Sedimentation Basin Upgrades – Job No. M-195

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to authorize the Town Engineer to advertise for bids on Friday, July 23, 2010 for the Water Treatment Plan, Sedimentation Basin Upgrades – Job No. M-195 and to receive bids on Wednesday, August 25, 2010 at 10:00a.m. local time.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

COMMUNICATIONS – GENERAL:

Ronald L. & Anna Marie Gramza, 768 North Colony Road – Request for Town to Abandon Property

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to approve the request to abandon the Town property easement located at 768 North Colony subject to the approval of Highway Superintendent, and applicants will file necessary paperwork satisfactory to the TA with the Erie County Clerk with no cost to the Town.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

Block Party – Pamela Bartlo – Forest Creek, Bonnywoods Crossing, Park Place – Saturday, August 28, 2010 – Set Public Hearing

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to set a Public Hearing for Monday, August 2, 2010 at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to the closing a portion of Forest Creek, Bonnywoods Crossing and Park Place on Saturday, August 28, 2010 for the purpose of a block party.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

REPORT OF THE AUDIT COMMITTEE:

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to pay

Vouchers #98275 – 98412 – Voucher #98280 - $4,213.49 (on hold for review by Attorney)

General $ 62,139.82

Highway $ 17,479.64

Sewer $ 32,975.38

Water $107,135.87

Capital $121,023.74

Garbage $103,596.78

Total $444,351.23

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

UNFINISHED BUSINESS:

Local Law Intro #7 of 2010 – Whitehaven Farms/Part of River Oaks/Proposed PDD – Revised Concept Development Plan

A motion was made by Councilman Roesch, seconded by Councilman Crawford to adopt Local Law #8 of 2010 as follows:

A local law Rezoning Whitehaven Farms to Planned Development District and Adopting a Development Concept Plan be it hereby enacted by the Town Board of the Town of Grand Island:

SECTION 1: The Town Board of the Town of Grand Island hereby adopts the following amendments to the Town Zoning Map:

The property known as Whitehaven Farms, SBL No. 38.09-3-4.1, and as more fully described in the Legal Description, is hereby rezoned as a Planned Development District as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Grand Island, County of Erie and State of New York, being part of Lot No. 72, of the Grand Island Survey, and bounded and described as follows:

BEGINNING at the intersection of the northerly highway boundary of Whitehaven Road (66 feet wide) said point being 1206.73 feet westerly from the easterly line of Lot 72 as measured along the northerly highway boundary of Whitehaven Road; Thence northerly at right angles a distance of 600 feet to a point; Thence easterly at right angles a distance of 158.07 feet to a point; Thence northerly at right angles a distance of 323.49 feet to a point; Thence easterly at right angles a distance of 175.95 feet to a point; Thence northeasterly at interior angle of 155º32’37”, a distance of 79.95 feet to a point; Thence southeasterly at exterior angle of 127º30’14”, a distance of 70.41 feet to a point; Thence easterly at interior angle of 151º57’37”, a distance of 261.01 feet to a point; Thence northeasterly at interior angle of 117º17’05”, a distance of 64.00 feet to a point; Thence northeasterly at exterior angle of 135º56’04”, a distance of 98.50 feet to a point; Thence northeasterly at exterior angle of 199º47’29”, a distance of 214.00 feet to a point; Thence northerly at exterior angle of 227º38’11”, a distance of 174.00 feet to a point; Thence northeasterly at exterior angle of 144º05’22”, a distance of 274.49 feet to the east line of lot 75; Thence northerly along the east line of lot 75 at interior angle of 140º12’47”, a distance of 165.74 feet to a point; Thence westerly parallel with the north line of Whitehaven Road, at interior angle of 89º57’14”, a distance of 2100.02 feet to a point; Thence southerly at right angles, a distance of 1378.04 feet to a point; Thence easterly at right angles, a distance of 200.42 feet to a point; Thence southerly at right angles, a distance of 317.00 feet to a point in the northerly line of Whitehaven Road as a 66 foot wide Right of Way; Thence easterly along the northerly line of Whitehaven Road, a distance of 150.00 feet to a point which is the southwest corner of appropriation to Erie County Department Of Public Works by map SK-211-156 parcel 156, Liber 10924 Deeds Page 7016; Thence northerly at right angles, a distance of 300.0 feet to a point; Thence easterly at right angles a distance of 250.00 feet to a point; Thence southerly at right angles a distance of 300 feet to a point in the northerly line of Whitehaven Road as a 66 foot wide Right of Way; Thence easterly along the northerly line of said Whitehaven Road, a distance of 291.51 feet to the point or place of beginning.

This parcel contains 51.17 acres more or less.

SECTION 2: The Development Concept Plan for Whitehaven Farms known as DCP-12, and as described in Attachment B (Located in the Engineering Department), including the updated information as required by Section 49-137(2)(b) of the Zoning Code, dated July 1, 2010 (as described in Attachment C and its Exhibits – Located in the Engineering Department), is hereby adopted.

SECTION 3: This Local Law shall be effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

PRIVILEGE OF THE FLOOR:

This is an opportunity for residents to comment on any matter regarding Town government on any subject.

Speakers: Craig Eddy

FROM THE TOWN BOARD:

Councilwoman Cooke: Leon D. Carr Memorial Fund – $1,000 donation to Town; Paddles Up – Saturday, July 24^th – Beaver Island – 75^th Anniversaries of Bridges – Cell Towers

Councilman Roesch: Cell Towers

Councilman Crawford: Cell Towers

Councilman Billica: Cell Towers

Supervisor McMahon: Cell Towers

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adjourn the meeting at 8:57p.m.

APPROVED Ayes 5 Cooke, Crawford, Roesch, Billica, McMahon

Noes 0

A moment of silence was observed in memory of the following: