Boston discusses proposed land development

Boston Town Board members addressed a question by one Boston resident, Glen Kern, concerning the development of land behind Deanna Drive in the town of Boston.

Kern, whose lot on Boston State Road boarders the proposed development, told the board that he had heard that acreage behind his property might be rezoned to allow town houses and some patio homes to be built.

Councilman Jeffery Genzel responded that the issue is currently being discussed by the planning board, and that the town’s engineer has cited items that must be completed before this project can move forward.

“The developer has met with the town engineer and the town attorney and he is going to write a memo stating that they can move forward with the decision, a recommendation to the town board for the rezoning of just the southern portion of the project,” said Genzel. “It’s sitting at the planning board waiting for a recommendation to the town board to rezone or not.”

Genzel added that the project is in its “preliminary stage” and said that the developer is waiting to see the decision the town board will make before he “dumps a lot of money into engineering.”

Citing personal reasons as to why he was not in favor of the development, Kern said, “I came to Boston because I wanted some room around me” and mentioned the development’s potential to ruin the “scenic view” from his lot. Although he added that he thought “a couple of houses, at best,” could be built on the land behind his property, he also said that he never imagined “rows of town houses and patio homes” being built there, either.

Kern cited safety issues that could arise if a large senior population, one of the main groups the developer plans to market the homes to, moves into the development, as he discussed the “steepness” of Deanna Drive and the “blind curve” homeowners will encounter as they turn onto Boston State Road. “What are your pros?” he asked. “Why would you want to have it there? Is it a tax issue?”

Supervisor Martin Ballowe said that a developer who owns private land can build on the property in qustion, but added that the town can have input and is able to “tweak” how the developer builds on the land.

When the town’s favor of the project came into question, Town Attorney Michael Kobiolka said, “It’s not really the town being pro or against it,” but he explained that it is the town’s responsibility to review what the applicant brings forth and see whether or not the item is “good for the community.”

Genzel, “It’s not from a tax standpoint, it’s just a progress is basically what it is. The comprehensive plan for the town of Boston says that those areas in the valley are where you would do development of this caliber.”

The board members were in in agreement that the proposed development will consist of single family and patio homes and trailers. Genzel said that the owner plans to turn the development into a private community marketed to those “50 - 55 years old and older.” There will be privately owned and rental properties in the development.

In another matter, The Reverend Bonnie Bates, who was chosen as the new chairwoman of the board of ethics, addressed the public. She brought up the board of ethics, which she said had met over the past year and a half to update the town’s code according to a new mandate by New York state.

Bates said, “The town hasn’t had a particularly substantive revision since 1972” of its code of ethics. She added that the new board looked to other town codes, including Eden’s, Hamburg’s, and Orchard Park’s, “to modify” Boston’s.

In the revised code of ethics, which can be read on the town’s website, Bates said that “it includes clear definitions of what conflicts of interest are, what municipal officers and employees are, outlines penalties, provides for investigations, and defines how the board of ethics is appointed.”

According to Town Councilman Jay Boardway, the town did not have a board of ethics until about two years ago, and he said that the ethics committee will serve as “an advisory council” to the town board.

The board of ethics is composed of five members, which include Bates, Margaret Cook, Rich Holstein, Erin Keding and John Solomon. Ballowe noted that Bates was selected as the chairperson of the committee and was charged with the responsibility of selecting its members. He added that the board had “no input” as to whom Bates chose to make up the committee.

In other matters:

- The board passed a motion to approve Local Law No. 1 of the year 2012, which amended chapter 16 of the town code concerning its code of ethics.

- Boston resident Herb Klein thanked those involved in the setting up and tearing down of the Nativity set during the holiday season, but he also expressed his concern that the Nativity set is in need of repairs.

- A motion to pass all fund bills, worth $172,711, was passed.

- A move to accept Patricia Hacker’s resignation from the planning board was approved.

- A request by Richard W. Skinner to be reappointed to the planning board was tabled.

- A motion was approved to interview former Councilwoman Cathy Maghran for an appointment to the planning board.

- Sharon Bugler was appointed to the nutrition program.

- Planning board officer appointments were approved by the board. David Stringfellow will serve as chairman, Robert Chelus as vice chairman and Jennifer Lucachik as secretary.

- The annual audit of the town clerk, tax collector, town justice, bookkeeper, recreation director, and dog control officer was approved.

- A motion to approve the annual reports of the town clerk, tax collector and town justices was approved by the board.

- The board authorized Kobiolka to serve as the town’s delegate and alternate delegate at the NYS Association of Towns Annual Training Conference. Travel expenses for the conference were also approved.

- A liquor license for Buffalo Buck’s Smokehouse and Restaurant was approved.

The next town board meeting will be held on Feb. 15 at 7:30 p.m.