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 6^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

Daniel Spitzer Town Attorney

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

Reverend Russell Burr from New Apostolic Church gave the Invocation.

Councilman Richard Crawford 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: None

PUBLIC HEARING:

Special Use Permit Application – Jan Symon, 873 Amy Drive – Dog Grooming Business

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to a Special Use Permit application by Jan Symon, 873 Amy Drive to operate a dog grooming business as a home occupation in an R-1D zoning district.

Speakers in Favor: Jan Symon, Anne Bolton, Janet Marshall, Becky Symon

Speakers in Opposition: Robert Hughes

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to refer the Special Use Permit application by Jan Symon, 873 Amy Drive to operate a dog grooming business as a home occupation in an R-1D zoning district to the Town Board for review.

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

Noes 0

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

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to proposed Local Law Into #7 of 2010 to rezone Whitehaven Farms/Part of River Oaks and adopting a Development Concept Plan, under the Planned Development District provisions of the Town Zoning Code, creating a residential development known as Whitehaven Farms/part of River Oaks, currently zoned

R-2.

Speakers in Favor: Sean Hopkins

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to table Local Law Into #7 of 2010 to rezone Whitehaven Farms/Part of River Oaks and adopting a Development Concept Plan, under the Planned Development District provisions of the Town Zoning Code, creating a residential development known as Whitehaven Farms/part of River Oaks, currently zoned R-2.

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

Noes 0

Local Law Intro #6 of 2010 – Amendment to Chapter 49, Zoning Code

A Public Hearing was held at 8:00p.m. for the purpose of hearing anyone who wants to comment in favor or in opposition to Local Law Intro #6 of 2010 – an amendment to Chapter 49 of the Zoning Code to add drive-thru businesses as permitted accessory uses in the TC-MS, TC-MU, and TC-OR Subdistricts.

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to adopt Local Law #6 of 2010 as Local Law #7 of 2010 amending Chapter 49 of the Zoning Code to add drive-thru businesses as permitted accessory uses in the TC-MS, TC-MU, and TC-OR Subdistricts.

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

Noes 0

Linda J. Velarde – Block Party – Wallace Drive, Saturday, July 10, 2010

A public hearing was held at 8:00 P.M. for the purpose of hearing anyone who wanted to speak in favor of or in opposition to temporarily close a street for a block party on Wallace Drive Saturday, July 10, 2010.

Speakers in Favor: None

Speakers in Opposition: None

Supervisor McMahon declared the Public Hearing closed.

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to approve the request to temporarily close Wallace Drive between Huth Road and South Park on July 10, 2010 except for emergency vehicles for a block party.

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

Noes 0

APPROVAL OF MINUTES:

A motion was made by Councilman Billica, seconded by Councilwoman Cooke to approve Minutes of Workshop Meeting #36, June 14, 2010, Minutes of Workshop Meeting #37, June 15, 2010, Minutes of Workshop Meeting #38, June 16, 2010, Minutes of Workshop Meeting #39, June 21, 2010, Minutes of Workshop Meeting #40, June 21, 2010, Minutes of Regular Meeting #11, June 21, 2010, Minutes of Workshop Meeting #41, June 23, 2010, Minutes of Workshop Meeting #42, June 29, 2010, Minutes of Workshop Meeting #43, June 30, 2010, and Minutes of Workshop Meeting #44, June 30, 2010.

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

Noes 0

CONSENT AGENDA:

1. Meeting Minutes – Long Range Planning Committee – May 26, 2010

2. Golden Age Center – Vehicle Usage – June 2010

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

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

Noes 0

COMMUNICATIONS –TOWN BOARD:

SUPERVISOR McMAHON:

Special Use Permit Renewal – Parkland Enterprises, Inc., Ransom & Stony Point Roads – Service Station & Convenience Store

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to approve the Special Use Permit for Parkland Enterprises, Inc., Ransom & Stony Point Roads for a service station & convenience store and to further direct the Supervisor to contact the Federal Legislative Delegation regarding the status of the SBA Loan pending since last August.

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

Noes 0

New York State Office of Parks, Recreation and Historic Preservation – 2010 Parks Grant Application

A motion made by Councilman Crawford, seconded by Councilman Roesch to authorize the Supervisor to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in an amount not to exceed $400,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town Waterfront Park Acquisition Project and to adopt the following resolution:

WHEREAS, the Town of Grand Island endeavors to provide diverse recreational opportunities for its residents; and

WHEREAS, the Town of Grand Island currently has waterfront access;

WHEREAS, residents of the Town of Grand Island have expressed their interest in a waterfront recreational facility;

WHEREAS, the Town of Grand Island has been afforded the opportunity to purchase waterfront property along the Niagara River;

WHEREAS, the Town of Grand Island will purchase this property with the sole purpose of developing a waterfront park accessible to all residents;

NOW, THEREFORE, BE IT RESOLVED, that Peter McMahon, Supervisor of the Town of Grand Island, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town Waterfront Park Acquisition Project.

BE IT FURTHER RESOLVED, that the Town Board of the Town of Grand Island hereby re-affirms the Town of Grand Island Comprehensive Plan (Revised November 1998) and the recommendations therein regarding the development of waterfront property.

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

Noes 0

ZONING OFFICE:

Special Use Permit Renewal – Sandy Beach Yacht Club, 1851 Winter Road – Parking Lot

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to renew the Special Use Permit for Sandy Beach Yacht Club, 1851 Winter Road for a parking lot. The lot has been inspected and it is unchanged.

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

Noes 0

Tower Permit Renewal – Crown Atlantic Company, LLC – 318 Baseline Road

A motion was made by Councilwoman Cooke, seconded by Councilman Crawford to renew the Tower Permit for Crown Atlantic Company, LLC, for a 150’ monopole tower located at 318 Baseline Road. The site has been inspected and it is unchanged.

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

Noes 0

Special Use Permit Renewal – Jennifer Tirone, 993 Whitehaven Road – Keeping of 4 Agricultural Animals on 5.9 Acres

A motion was made by Councilwoman Cooke, seconded by Councilman Billica to renew the Special Use Permit for Jennifer Tirone, 993 Whitehaven Road for keeping of 4 agricultural animals on 5.9 acres. The site has been inspected and it is unchanged.

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

Noes 0

Special Use Permit Renewal – Jayne Schaber, 394 Ransom Road – Keeping of up to 4 Agricultural Animals on 5 Acres

A motion was made by Councilman Crawford, seconded by Councilwoman Cooke to renew the Special Use Permit for Jayne Schaber, 394 Ransom Road for keeping up to 4 agricultural animals on 5 acres. The site has been inspected and it is unchanged.

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

Noes 0

TOWN ASSESSOR – DAVID M. UNMACK:

Letter of Resignation

A motion was made by Councilman Roesch, seconded by Councilwoman Cooke to accept the resignation of Town Assessor David M. Unmack with regret and send a certificate of appreciation to Mr. Unmack.

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

#98159 – 98258

General $ 40,083.47

Highway $ 77,898.28

Sewer $ 815.77

Water $ 1,945.13

Capital $ 5,476.00

Fire $246,302.54

Total $372,521.19

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

Noes 0

UNFINISHED BUSINESS:

Mighty Taco Restaurant with Drive-Thru Window, 2455 Grand Island Boulevard – Site Plan Application

A motion was made by Councilwoman Cooke, seconded by Councilman Roesch to accept the recommendation of the Planning Board and approve the Site Plan for the proposed Mighty Taco Restaurant with Drive-Thru window, 2455 Grand Island Boulevard with the conditions approved by the Planning Board.

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: Robert Hughes, Submission of photos

Re: Special Use Permit Application for 873 Amy Drive

FROM THE TOWN BOARD:

Councilwoman Cooke: Fisherman’s Landing – Public Meeting – Wednesday July 7, 2010 – 7:00p.m. – Town Hall

Councilman Roesch: 3^rd and 4^th of July Parade/Celebration

ADJOURNMENT:

A motion was made by Councilman Crawford, seconded by Councilman Roesch to adjourn the meeting at 8:37p.m.

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

Noes 0

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