Minutes of the regular meeting held on Tuesday December 13, 2005 of the Brant Town Board at 8:00 PM with a Public Hearing at 8:15pm for a Special use Permit for 1054 Brant Farnham Rd., at the Brant Town Hall, at 1294 Brant-North Collins Rd, Brant, New York. There were present: Supervisor Samuel J. Chiavetta Councilman Martin Rosiek Councilman Eugene Czyz Councilman John Arrigo Councilman Leonard Pero Attorney John Grennell Recording Secretary: Town Clerk Thea A. Ells Also present were: Alice Escott, Town Crier Lee & Jean Brunelli, resident Charles Arrigo, resident Marty Castle, resident Melanie Larson, The Sun Ed Dion, resident Dennis Rubeck, Planning Board Member Gregory Radwan, guest Joseph Gardyjan, Planning Board Chair. Everett & Linda Scritchfield, Greyline Signs Diane Czyz, Supervisor Secretary Roseanne Turner, Councilman Elect The meeting was opened at 8:00 PM with a pledge to the flag led by Supervisor Chiavetta. On a motion from Councilman Czyz, seconded by Councilman Pero, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE NOVEMBER 2005 TOWN BOARD MINUTES ARE APPROVED On a motion from Councilman Rosiek, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE SUPERVISORS NOVEMBER 2005 FINANCIAL REPORT BE ACCEPTED On a motion from Councilman Pero, seconded by Councilman Arrigo, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE TOWN CLERKS NOVEMBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED On a motion from Councilman Rosiek, seconded by, Councilman Czyz the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE JUSTICE CLERKS NOVEMBER FINANCIAL RECONCILIATION REPORT BE ACCEPTED On a motion from Councilman Rosiek, seconded by, Councilman Czyz the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE OCTOBER CODE ENFORCEMENT OFFICER?S OCTOBER REPORT BE ACCEPTED On a motion from Councilman Arrigo, seconded by Councilman Pero, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE NOVEMBER DOG CONTROL OFFICERS REPORT BE ACCEPTED On a motion from Councilman Czyz, seconded by Councilman Rosiek, the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED THAT THE NOVEMBER POLICE CHIEF?S REPORT BE ACCEPTED On a motion from Councilman Rosiek, seconded by Councilman Czyz, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE NOVEMBER TOWN CLERKS REPORT BE ACCEPTED Councilman Rosiek questioned use of the building behind the Town Hall which the Town Clerk reported the roof is in need of repair. The Highway uses part of the building and police also. On a motion from Councilman Czyz, seconded by Councilman Arrigo, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE NOVEMBER PLANNING BOARD REPORT BE ACCEPTED All Department Reports are attached in Minute Book; Financial reports are filed in respective offices. WATER DISTRICT: Nothing new to report BRANT REVITALIZATION COMMITTEE: Nothing new to report Supervisor Chiavetta opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns that are not listed on the agenda. No one wished to be acknowledged THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED. NEW BUSINESS: Item 1) Supervisor Chiavetta reviewed the ranking report of the CDBG projects. Brant is lower on the list and may not be funded this coming year. PUBLIC HEARING Supervisor Chiavetta announced that it was 8:15pm and time for the Public Hearing and asked Town Clerk, Thea Ells to read the following Public Notice which she verified was published in the Town Crier on December 6th, 2005. Please take notice that the Town Board of the Town of Brant will conduct a Public Hearing on the 13th day of December, 2005, at 8:15 PM at the Brant Town Hall, 1294 Brant North Collins Rd., Brant, New York, to hear all persons in support of or objections, to the following matter: The application of Everett & Linda Scritchfield, Jr./Greyline Signs for a special use permit under applicable articles of the Zoning Ordinance of the Town of Brant to operate a Sign Service/Manufacturer at 1054 Brant Farnham Rd., Brant, NY Parcel #60. Dated November 30, 2005 By order of the Town Board. Supervisor Chiavetta read from the November Planning Board report as follows: Linda and Everett Scritchfield/Greyline Signs. Linda & Everett Scritchfield submitted a request to re-zone the property they were in the process of purchasing because the property was zoned Residential, even though it was a preexisting business. The Planning Board advised the Scritchfield that re-zoning the property would make their property an island amidst residential properties. The board advised that an application for a Special Use Permit be presented to the Town Board first, as not to hold up their purchase. The Scritchfield expressed concerns that since the property was only set up for the purpose of running a business, it would be hard to re-sell it in the future to someone who wanted it for business use, since it was not commercially zoned. Again the board advised that they were completely inexperienced to advise them regarding rezoning the property. The Board members collectively agreed that the property was in dire need of repair and that the Scritchfields would help to improve the area. Also, as long as the business wasn?t going to pose a traffic hazard it would not be a problem. Joseph Gardyjan asked if they would be doing any spray painting and the applicants replied no. It was asked if they would be generating any environmental hazards and excessive noise and they replied no. After reviewing the application, it was the overall opinion of the board that allowing Greyline sign to conduct business at the address would improve the area. Everett Scritchfield also noted that he planned to erect a fence at the back part of the property to separate their property from the property/business behind it. The board said that since he said it, they wouldn?t impose that as a condition. The only conditions the board set were to be good neighbors and to improve the look of the property. Michelle Hy then made a motion to accept the application for Special Use Permit to allow Greyline signs to conduct business at 1054 Brant Farnham Rd. Neal Wilson seconded the motion. All approved. Motion passed. Supervisor Chiavetta asked for any questions from the audience no one responded. Councilman Rosiek asked the applicants if the work performed will be done inside and expressed to the applicants that the major concerns are with the outside. He further stated that the annual renewal for the special use permit is approved by the code officer but complaints come to the Board members when there are issues with the outside appearance of businesses. Councilman Pero stated that the Zoning must have been overlooked when the Code was done as the property has been a saw mill or similar type of operation for 100 years and that clean businesses would be welcome to the Town. On a motion from Councilman Arrigo, seconded by Councilman Pero, the following motion was Adopted: 5 AYES 0 NAY Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo Pero Nays 0 RESOLVED THAT THE PUBLIC HEARING BE CLOSED On a motion from Councilman Pero, seconded by Councilman Arrigo the following RESOLUTION was Adopted: 5 Aye - 0 Nay, a roll call vote was taken Councilman Leonard Pero Voting Aye Councilman Martin Rosiek Voting Aye Councilman John Arrigo Voting Aye Councilman Eugene Czyz Voting Aye Supervisor Samuel J. Chiavetta, Jr Voting Aye RESOLUTION 121305-#1 GRANTING THE SPECIAL USE PERMIT FOR GREYLINE SIGNS AT 1054 BRANT FARNHAM ROAD WHICH WILL HAVE AN ANNUAL RENEWAL. Item 2) Acknowledged that the Organizational Meeting will be held Thursday January 5th at 7:00PM Item 3) Supervisor Chiavetta acknowledged a letter from Community Mitigation Analyst to the Village of North Collins concerning the ISO (Insurance Services Office, Inc.) rating they received after a review with the aforementioned parties for a possible classification change requesting a list of improvements and a timeframe for their completion. As stated in the letter the information and improvements are needed or there will be a retrogression of the village from a class 5 to a class 6 and the coverage areas in the Towns of Brant and North Collins to a class 6/9. On other matters Supervisor Chiavetta mentioned a letter received today with notification of a new system for reporting emergencies to Erie County Public Works (Highways), which will be at NITTEC 847-2070. The Board acknowledged receipt of a letter from Adelphia Cable informing them of rate adjustments and upcoming changes in Adelphia?s service to the community. On a motion from Councilman Rosiek and seconded by Supervisor Chiavetta the following motion was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO APPROVE THE NOVEMBER ABSTRACT AS SHOWN FOR PAYMENT ABSTRACT 12 for the year 2005 General Fund Town wide Vouchers 426-488 Totaling:$58,894.60 Voucher 487-VOID Highway Town Wide Voucher 99-111 Totaling: $31,388.88 General Fund Part Town Vouchers 30-42 Totaling: $41,707.26 Voucher 37 VOID Street lighting Voucher 11 Totaling: $ 1,985.75 Fire Protection Voucher 4-6 Totaling: $ 78,462.79 On a motion from Councilman Czyz, and seconded by Councilman Arrigo the following was Adopted: 5 AYES Ayes 5 Chiavetta, Rosiek, Czyz, Arrigo, Pero Nays 0 RESOLVED TO ADJOURN THE DECEMBER 13 MEETING AT 8:25 P.M. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR CHIAVETTA: COUNCILMAN ROSIEK: COUNCILMAN CZYZ: COUNCILMAN ARRIGO: COUNCILMAN PERO