Ellicott Development Company, Inc. of Buffalo and its president Carl Paladino have proposed the Rite Aid project on 2.83 acres of land that need no rezoning. The company does ask for a demolition permit for a house that, according to an official with the Elma Historical Society, may have historic implications.

Meanwhile, the board has instituted a 60-day building moratorium on all commercial and industrial related construction in town until the Town Board, Planning Board and the Zoning Board of Appeals (Z.B.A.) have all had a chance to review and update the zoning codebook. According to Supervisor Michael P. Nolan, Elma's zoning ordinances, as they pertain to commercial and industrial development in town, have not been amended in over 40 years.

Two weeks ago, the Town Board tabled a request to issue a temporary business permit for Rite Aid to operate out of Cy's Pharmacy in the Elma Village Plaza on Bowen Road until an exhaustive environmental review of the proposed site at Bowen and Bullis roads. The town hired engineering firm Clough Harbour Associates, Inc. to assist in that review. No timetable for the completion of the environmental review has been set.

The board received word that T-Mobile Communications will be required to hire outside counsel in its battle with the town and the Elma Fire Department requesting a variance to erect a 170-foot high telecommunications tower on Girdle Road just south of the Elma-Marilla-Wales Boys & Girls Club. The land is currently owned by the Elma Fire Department, and the town's Z.B.A. has tabled the measure pending the results of a "Type 1" New York State Environmental Quality Review Act (S.E.Q.R.A.) study, Councilman Denny Powers told the board. The Iroquois Central School District previously rejected a request by T-Mobile to build the tower alongside the Buffalo Creek behind the Girdle Road football field that is owned by the district.

In other business, the board accepted a bid of $17,279 from DeLacy Ford for a 2008 pickup truck to be used in Highway Superintendent Wayne Clark's department. DeLacy Ford beat out competitive sealed bids for the same model from the West Herr Automotive Group ($20,879) and from Bison Truck Center, Inc. of Cheektowaga ($18,586.77).

Board members approved a special use permit for attorney Daniel L. Smolarek and dentist Scott R. Smolarek for offices at 5121 Clinton St. A "negative declaration" under S.E.Q.R.A. was issued stating that the action would have no negative impact on the surrounding neighborhood. No one spoke for or against the Smolareks' request at a mandatory public hearing. The Smolareks will need another town issued permit for any outdoor advertising they wish to erect and a fire inspection of the offices must be completed within 30 days, Code Enforcement Officer Joseph Colern told the board.

The project allows for an additional 300 feet of land at 5121 Clinton St. to be rezoned from residential C to commercial zoning. The businesses will operate from 8 a.m. until 6 p.m. Monday through Friday, and 8 a.m. until noon on Saturdays, officials noted.

The board also approved phase two of the four-unit Heritage Estates East off Old Transit Road in the town's western end. Fischione Homes Development Company will be required to post a sizable maintenance bond for the construction of water lines on the four lots, Nolan said. A S.E.Q.R.A. study has been completed and the project has been recommended by the town's planning board.

The board granted a special use permit for Stover & Sons, Inc. to operate a collision repair shop at 5761 Seneca St. in Spring Brook. A "negative declaration" under S.E.Q.R.A. was issued for the business and no outdoor storage of junk, auto parts or vehicles of any kind will be permitted, Colern said.

Water Superintendent Eugene Stevenson told the board that a 45-year old primary pump at the Transit Road shop is in dire need of repairs and has been taken apart by his staff to ascertain what repairs are needed and the cost involved. Stevenson also said that the backflow program is finally completed at Steuben Foods, Inc. on Maple Road: and asked residents to clear fire hydrants of snow and ice in an effort to speed up response time by his staff or fire department personnel in responding to an emergency.

The board accepted "with regrets" the resignation of Jerome McIntee as assistant emergency services disaster coordinator. Town officials said that fire chiefs from the community's four fire districts-Spring Brook, Elma, Blossom and Jamison Road--will interview prospective replacements to succeed McIntee. The board also accepted the resignation of James Tuck as an alternate member to the town's planning board and Z.B.A. "with regrets." The board will be accepting applications to replace Tuck until March 14.

The town received a $1,200 decentralized grant from the Arts Council of Western New York to be used to help stage the town's popular summer concert series at the Village Green Park adjacent to the Elma Senior Citizens Center on Bowen Road.

Town Engineer James Wyzykiewicz told the board that the Federal Stormwater Coalition to which he belongs will now require towns to spend local funds to inspect storm sewers to check for possible backups. Thirty-five of the storm sewers are in the immediate vicinity, Wyzykiewicz told the board, adding he believes that it is another unfunded mandate from higher up the government chain directed at local municipalities. In January, Deputy Supervisor Dean Puleo put forward a resolution opposing imposing unfunded mandates against local communities by the state. The resolution was tabled by the board pending further review.

The board accepted Code Enforcement Officer Colern's January building report in which he stated that 20 permits were issued by his department netting the town $8,180.46 in fees. Colern said that the estimated value of construction was pegged at $1,637,182 for the month.

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