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REZONING APPROVED FOR SENIOR CITIZEN CONDOMINIUMS

Rezonings captured the attention of the Hamburg Town Board Monday night.

The board approved one for senior citizen housing, denied another, referred two to the Planning Board and refused to consider another rezoning application.

The board unanimously approved the rezoning of approximately seven acres behind St. Matthew's United Church of Christ on McKinley Parkway from a single-family to multifamily district. The designation will allow the church to develop 18 condominium units for senior citizens in nine buildings. The units are expected to sell in the $125,000 range.

The rezoning was approved after board members noted that the sewer line will be extended along McKinley to the project, and not through the rear of the property.

"The line along McKinley will be a public line and anyone can tap into it," said Richard Lardo of the town's engineering department.

Attorney Andrew C. Hilton III, representing St. Matthew's, said while the housing units will be taxable, the church is looking into the possibility of a tax-abatement program.

Other conditions on the rezoning include a deed restriction limiting the use of the rezoned property to single and duplex structures, preservation of the property along the creek in the rear is to be maximized and the town and St. Matthew's and the town are to negotiate an agreement on the preservation of the land along the creek.

The board turned down a request from Mitchell Matusick to rezone property at 3855 McKinley from single-family to C-1, local retail business.

Matusick made his application in late 1995, and the Planning Board recommended approval in January 1996. The town was updating its master plan at the time, and conducted a public hearing in 1996. The master plan update was completed in 1997.

In denying the rezoning, the board noted that the master plan clearly states, "This area should not be zoned C-1 (local retail business) or C-2 (general commercial) but a limited NC (neighborhood commercial) or a new office type commercial zoning district."

The board also declined to entertain a rezoning request for property at 6316 and 6330 McKinley Parkway. John A. Russo had asked that the properties, about 1.5 acres, be rezoned from single-family to multifamily for the construction of three apartment buildings containing nine units.

The board decided Russo's plans were not in conformance with its master plan, the 2010 Comprehensive Plan, because the density would be greater than one lot per acre.

The board again referred to its Comprehensive Plan when it referred two other rezoning applications to the Planning Board for further review. North Creek Associates has asked that property on North Creek Road be rezoned from residential-agricultural to a planned residential development, and Iris Housing Corp. wants 5.4 acres of land at 4151 Sowles Road to be rezoned from single-family attached to multifamily for the construction of an expansion of an elderly housing complex, which would include 30 new units.

Also Monday, the board awarded a contract to further the proposed Highland Acres Sewer District. R & D Engineering was awarded the contract for survey, design and construction-related services for the sewer district, for a fee of $57,800. Councilman D. Mark Cavalcoli abstained on the vote because is a consultant for R & D.

The board also determined that the sewer project will not result in any significant adverse impact on the environment.

The board also awarded two contracts related to the installation of a new pump at the Electric Avenue Pump Station. Adding the pump is one of the measures the state Deparment of Environmental Conservation directed the town to take to reduce the pump station's wet weather sewage overflows into Rush Creek.

A contract for the installation of valves, pipe and fittings for the additional pump was awarded to STC Construction of Springville for $10,683. Fluid Kinetics Inc. of Orchard Park was awarded the contract for the installation of the pump for $10,800.

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