Town Board minutes — April 22, 2026 (full text)

April 22, 2026 MINUTES REGULAR MEETING – EDEN TOWN BOARD 2795 East Church Street Eden, NY 14057 April 22, 2026 at 6:30 PM This meeting was held in-person and virtually through GoToMeeting.com. The meeting link was made available to the public prior to the meeting. TOWN BOARD MEMBERS PRESENT: RICHARD VENTRY - SUPERVISOR SUSAN WILHELM - COUNCILMEMBER VINCENT VACCO - COUNCILMEMBER MICHAEL BYRNES - COUNCILMEMBER TIMOTHY WALKER - COUNCILMEMBER OTHERS PRESENT: Marlene Grunder - Administrative Assistant to the Supervisor Lisa Winter - Bookkeeper Nick Blasz - Highway Superintendent Emily Hawkins - Town Clerk Pledge of Allegiance Public Comment on Agenda Items Only: No public comment. New and Unfinished Business: 1. March 25, 2026 Minutes: #96-2026: MOTION was made by Councilmember Wilhelm to approve the Town Board Meeting Minutes of March 25, 2026 as written; seconded by Councilmember Byrnes; Ayes: All; Opposed: None; Abstain: None; Motion carried. 1. Fire Truck Bid: #97-2026: MOTION was made by Supervisor Ventry to award the bid for Eden Fire Department Pumper Apparatus to The Sutphen Corporation for $1,332,795.00 and authorize Supervisor Ventry to sign the contract after the permissive referendum expires on April 24, 2026; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 2. Discuss Code Review Recommendations: RECOMMENDATION FROM THE TOWN OF EDEN CODE REVIEW COMMITTEE To: Rich Ventry, Supervisor Eden Town Board Members From: Frank Meyer, Chairman Town of Eden Code Review Committee Re: Recommended Code Changes - Various Date: 03/27/2026 • After reviewing the issue of snow removal onto neighboring properties, the Code Review Committee suggests no action to be taken on this matter. This would be a civil matter between neighbors and not under the purview of the Town. Additionally, addressing once specific issue could lead to requests to adjudicate others i.e. falling leaves, pet droppings, etc. • Town Code §225-16 (B) Accessory Uses currently reads: Accessory-specific supplemental use regulations. (1) Agricultural accessory uses. Barns, silos and produce storage and packing warehouses, and other such similar incidental and supporting structures associated with agricultural operations, provided that such accessory buildings shall conform to the yard requirements for principal buildings. 1

April 22, 2026 (2) Hobby farming. The keeping of animals as follows: not more than four horses over six months old; not more than 10 fowl; and not more than two of any other species of animal. No animal shall be maintained within 75 feet of any plot line, except dogs and cats. (3) Farm stands. A one-story building for display and sale of agricultural and nursery products, provided that any such building does not exceed 5,000 square feet in floor area and is set back 30 feet from any line. The committee recommends the below additions: (4) Relocatable Buildings: Relocatable buildings manufactured off-site to be transported to the property are limited to only one structure on the property. (5) Temporary structures such as tents and snow fences must comply with accessory building limitations AND be removed after 180 days. (6) Containers meant for transporting loaded material such as dumpsters, shipping containers or storage pods used for storage must be removed after 90 days. (7) Semi trailers are not permitted for storage in residential zones. The committee further recommends the additional of §225-17 Fencing and Walls to read: The following requirements apply to all fences and/or walls in residential use parcels: (a) No fence or wall shall exceed six (6) feet in height. (b) No fences in non-residential districts abutting residential district shall exceed six (6) feet in height. (c) The height of the fence shall be measured from the grade to top of the fence. (d) Any fence must be a minimum of two (2) feet from any public right of way. (e) No fence over four (4) feet in height shall be allowed in the required front yard setback. (f) Any fence located in the front yard shall be transparent and open such as picket or rail. (g) Fences shall be constructed of durable material accepted by the industry. Makeshift fences of dissimilar improvised materials are not permitted. (h) The finished face of the fence shall be toward the outside of the parcel. (i) Temporary fences such as snow or construction must be removed after 180 days. (j) A fence must be wholly located within the boundary of the parcel. (k) A building permit is required for fences in the Town of Eden. Building permit applications must be accompanied by a current boundary survey stamped by a licensed land surveyor. The Town Board discussed the proposed code updates and will bring additional questions, clarifications, and concerns back to the Code Review Committee. 3. Swearing in of Nick Blasz: Nick Blasz was sworn in as Highway Superintendent. 4. Schedule of Fees: Chapter 108-3 The Standard Schedule of Fees shall be as follows: Any work started for which a permit is $150 per month for each month in delinquency required but has not been issued for a fence permit; $500 per month for each month in delinquency for all other permits Failed Inspection Fee $75.00 A. Residential permits. Type Fee Detached 1- and 2-family dwellings $100 plus $0.50 per square foot of construction, including attached garages, porches and decks 2

April 22, 2026 Dwelling addition permit $100 minimum/$0.50 per square foot of construction Accessory buildings such as garages, barns $0.25 per square foot of construction and sheds Accessory structures such as decks, $75 porches, small-scale solar (25 KW or less), etc. Alterations and repairs $10 per $1,000 of project cost / $75 minimum Type Fee Demolition $0.10 per square foot Fence $50 Fireplace/Stove permit $50 (included with new dwelling building permit); certificate of compliance required Swimming pool permit $75 aboveground; $200 in-ground (includes fence permit) Pond permit $250 (includes site plan review) Certificate of occupancy/compliance $100 (no charge with a current building permit) Temporary certificate of occupancy $100 (for six months maximum) Certificate of compliance $100 (no charge with a current building permit) Mobile home parks $10 per mobile home lot for initial license and annual renewal thereafter; $100 per each new mobile home or replacement Recreation fees Major subdivisions $750 per new dwelling unit, payable upon final subdivision approval per the Subdivision Law Minor subdivisions $750 per new dwelling unit, payable upon building permit approval Duplexes $750 per new dwelling unit, payable upon approval of application Multiple dwellings (conventional and $750 per new dwelling unit, payable upon townhouse) approval of application Cluster development $750 per new dwelling unit, payable upon project approval Mobile home park $750 per new mobile home dwelling unit, payable upon project approval B. Business/Commercial permits. Type Fee All other residential dwellings (apartments) $100 plus $0.20 per square foot of construction, including attached garages, porches and decks. Business/Commercial $100 plus $0.75 per square foot of construction Additions 0.75 per square foot of construction/$100 minimum Alterations/Repairs $10 per $1,000 of project cost / $100 minimum 3

April 22, 2026 Accessory structures $0.30 per square foot of construction Demolition $0.20 per square foot construction Agricultural structures $100 minimum/$0.10 per square foot Type Fee Temporary certificate of occupancy $100 (for six months maximum) Certificate of occupancy $100 (no charge with current building permit) Sign permits $75 Operating permits $50 Special use permit or zoning amendment $250; includes advertisement of legal notice hearing by Town Board Temporary trailer permit $25 Town Board special use permit renewal $100 annually Communication Tower special permit, utility- $10,000 or 1% of project cost whichever is scale solar, wind energy conversion systems greater; additional funding will be required to or wind farms be put into an escrow account. Communication Tower co-location permit $1,000; includes antenna, equipment box, fencing plus Zoning Board of Appeals $350 for area variance; includes advertising legal notice $500 for use variance; includes advertising legal notice Assessor's search fee for special use permit $35 for MU-1, MU-2, R2, LI and MFR hearings or Zoning Board hearings Districts; $15 for all other zoned areas Highway Department fees Highway right-of-way permit $75 plus costs for labor/inspections Highway drainage enclosure permit $30 C. Subdivision fees. (1) Application and review fees. Type Fee Property splits merge application $100 Minor subdivision reviewed by the $250 Subdivision Review Committee only Resubmission fee $125 Type Fee Minor subdivision reviewed by Planning $500 total (includes public hearing fee). Board Additional funding will be required to be put into an escrow account. Resubmission fee $250 Major subdivision not requiring public $750 plus $500 per lot. Additional improvements funding will be required to be put into an escrow account. Resubmission of any plat $500 Major subdivision requiring public $750 plus $750 per lot. Additional improvements funding will be required to be put into an escrow account. 4

April 22, 2026 Resubmission of any plat $750 (2) Inspection fee for public improvements. These fees shall be withdrawn from the escrow account established for the subdivision. (a) An additional fee of $100 shall be paid to the Town for administrative services out of the escrow account. (b) If the escrow amount is exceeded due to the project not proceeding expeditiously, being understaffed, utilization of inexperienced contractors, or conditions beyond the control of the Town or its agent, then the developer must pay the outstanding inspection fee before the improvements may be accepted. (c) The developer should note that additional inspection deposits may be required by outside agencies such as the Erie County Sewer District. The affected agency should be consulted to determine its costs. D. Site plan review fees. (1) Site plan review fees apply to all uses requiring site plan review. (2) This review fee shall be paid at the time of initial submittal. Type Fee Site plan waiver fees $200 Site plan review fee $500 per improved acre (or less) up to 5 acres; $250 per additional improved acre; plus additional funding will be required to be put into an escrow account E. SEQR fees. (1) SEQR reviews fees: reimbursement to the Town for any SEQR costs incurred. This reimbursement will be funded from the established escrow account. F. Stormwater pollution prevention plans and site inspection fees. (1) SWPPP review and inspection fees: reimbursement to the Town for any SWPPP costs incurred. This reimbursement will be funded from the established crow account. G. Fire prevention and safety inspections. Type of Building Fee Public assembly buildings $75 per/5,000 square feet Buildings other than public assembly $75 per/5,000 square feet Multiple dwellings/nonresidential structures $75 per/5,000 square feet H. Short-term rental permit: $250 (Includes fire inspection). Annual Renewal Fee: $100.00 I. Escrow account requirements. (1) Reimbursable costs/escrow. For projects that contain significant technical detail that may require the use of outside consultants to review and assist the Town of Eden (Town Board, Planning Board, Zoning Board and/or Code Enforcement Officer) as part of the site plan review process, the applicant shall be notified and required to establish an escrow account to reimburse the Town for the legitimate costs of review or inspections associated with the application. The funds may be utilized for the paying of engineering, legal and other professionals qualified to review the required plans, reports and other technical information submitted in support of an application. The initial amount of the establishment of the escrow account shall be determined on a case-by-case basis, but in no case shall be less than $3,000 or a larger amount estimated by the Planning Board or ZBA to be reasonable and necessary to cover the cost of the 5

April 22, 2026 review to be incurred by the Town. All necessary reviewing professionals assisting the Town in such reviews shall provide an estimate of the approximate cost of review services. The board(s) may periodically and at its discretion require the replenishment of the escrow account established hereunder, with justification and notice provided to the applicant. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within 30 days of the submission and payment of the final bill by the Town and payment in full of all application and approval fees. In the event there is a shortfall in the escrow account, no final approval or permit may be issued until the balance of the outstanding amount is fulfilled by the applicant. #98-2026: MOTION was made by Supervisor Ventry approving the changes to Section 108-3, Schedule of Fees, as presented; seconded by Councilmember Byrnes; Ayes: All; Opposed: None; Abstain: None; Motion carried. 5. Ron Maggs Part Time: #99-2026: MOTION was made by Supervisor Ventry to hire Ronald Maggs as a laborer for as needed projects deemed necessary by the Town Supervisor at a rate of pay of $35.00 per hour not to exceed $10,000 this 2026 budget year; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 6. Evergreen Acres: RESOLUTION ACCEPTING ROAD AND DRAINAGE PUBLIC IMPROVEMENTS EVERGREEN ACRES, PART III, PHASE 1 WHEREAS the Town Board is in receipt of reports from the Town Engineer and Highway Superintendent confirming satisfactory completion of certain public improvements for Evergreen Acres Part III, Phase 1 and recommending Town Board acceptance of such public improvements; NOW, THEREFORE, BE IT RESOLVED, that the Eden Town Board does hereby accept the roadway and drainage public improvements in Evergreen Acres Part III, Phase 1, subject to the following: 1. Town Attorney approval of title insurance and recording in the County Clerk’s Office of all documentation required to accept dedication of the road and drainage improvements in Phase 1 and temporary turnaround easement on Sublot 29. 2. Delivery of an executed deed for Evergreen Acres Part III, Phase 2 to be held in escrow by town’s legal counsel to secure timely completion of all required public improvements for Evergreen Acres, Part III, Phase 2. 3. Maintenance bonds required by Town Code for the public improvements accepted in this Resolution shall be delivered to the Town of Eden within 72 hours of the Town Board accepting the public improvements. 4. No conditional or final certificate of occupancy shall be issued for any subdivision lot improvements in Phase 1 unless and until street lighting public improvements in Phase 1 have been satisfactorily completed, dedicated and accepted by the Town Board, as required by town code. #100-2026: MOTION was made by Supervisor Ventry to approve the resolution as presented; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. Hearing of Visitors: Two residents of the Town of Eden spoke about the recent decision to close the Eden Highway Department’s brush drop-off area after hours. In the past, the site had been accessible 24/7 for residents. However, due to significant misuse and increasing costs to taxpayers, the Town has implemented a policy to lock the gate outside of regular operating hours. #101-2026: MOTION was made by Supervisor Ventry to adjourn the meeting and enter Executive Session for Building Department Contractual; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. The meeting was adjourned at 7:11PM. Respectfully submitted by, Emily Hawkins, Town Clerk 6