TB 2026-02-04 Agenda Packet (full text)
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AGENDA
REGULAR BOARD MEETING - TOWN OF BOSTON
FEBRUARY 4, 2026 – 7:30 P.M.
ITEM NO. I PRELIMINARY MATTERS
1. Call Meeting to Order
2. Roll Call
3. Pledge of Allegiance and Opening Prayer
4. Other Preliminary Matters
ITEM NO. II REGULAR BUSINESS
1. Correction and Adoption of the Minutes from January 21, 2026
2. Consideration of all Fund Bills
ITEM NO. III CORRESPONDENCE
1. Erie County Sewer District No. 3, Supervisor reappointment to Board of Managers
2. Erie County Department of Public Works – Notice of Shoulder Closure, Boston State Road between
Thornwood Road and Wildwood Road
3. Dispatch Call Summary Reports – July to December 2025
4. Town of Concord – SEQR Negative Declaration
5. Application for Use of Meeting Facility – Hillside Riders
6. Application for Use of Meeting Facility – Southtown’s Homeschoolers
ITEM NO. IV NEW BUSINESS
1. Requests from the Floor (3-minute time limit per person)
2. Resolution 2026-15 A Resolution Adopting the Pro-Housing Communities Pledge
3. Resolution 2026-16 Authorizing and Ratifying Engagement of Barclay Damon LLP for Retained Land
Use and Zoning Matters Including Erie County Agricultural District No. 15
4. Resolution 2026-17 Approving Geotechnical Investigation Services for Phase 2 Water Main
Improvements
5. Referral to Planning Board for Land Use Consideration
6. Approval of 2025 Service Award Points – Boston EMS
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7. Approve Applications for Annual Refuse Licenses: MRC Disposal Inc., Modern Disposal Services,
Inc., and Waste Management of NY, LLC
ITEM NO. V OLD BUSINESS
ITEM NO. VI REPORTS AND PRESENTATIONS
1. Highway Superintendent
2. Councilmembers
3. Town Clerk
4. Supervisor
ITEM NO. VII ADJOURNMENT OF MEETING
1. Adjournment of Meeting
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TOWIi{ OF BOSTON
Town Board Meeting: February 4,2026 Meeting
Abstract #l -2025 Payables Jourrral #P A-5497 11,303.83
Abstract #2 -2026 Payables Journal#AP-5498 s 126,971.72
Abstract #3 - Contract Pavments Journal #AP-5481 $ 40,000.00
Total Payables Due $ 178,275.55
Breakout by Fund: 2025 2026 Total
General (A) Fund: $ 6,799.14 $ 99,120.82 $ 106,519.96
Highway (DB) Fund: $ $ 26,742.28 $ 26,742.28
Lighting (L30) Fund: $ $ $
Fire (SF) Fund: s $ 60.00 $ 60.00
Arnbulance (SM) Fund: $ 304.69 $ 40,448.62 $ 40,153.31
Refuse & Garbage (SG) Fund: $ $ $
Water Funds: $ $ $
Trust & Agency (TA): $ $ $
Capital Projects (H): $ 4,200.00 $ $ +,zoo.oo
Total expenses submitted for approval: s 11,303.83 l S 166,971.7215 178,275.55
TOWN HALL, B5OO BOSTON STATE ROAD, BOSTON, NEW YORK 14025
PHONE: (716) 941-6113 FAX: (716) 941-6116 TDD:1-800-662-1220
The Town of Boston is an equal oppofiunity provider and employer.
lf you wish to file a Civil Rights program conrplaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at
http://www.ascr.usda.gov/complaint filing. cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing
all of tlre information requested in the form. Send your completed complaint form or letter to us by rnail at U.S. Department of Agriculture, Director, Office of
Arlir.lication l4OOlndenendenceAvenrre SW Washinnton DC 2O25O-9410 hvfax(?n2\6qO-7442 orcrnail Atnronreminiake/Alrs.lAnov
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Page 23
COUNTY OF ERIE
January 22, 2026
CERTIFICATE AND NOTICE OF CLOSURE
STATE OF NEW YORK:
COUNTY OF ERIE: } SS
This is to certify that the Commissioner Highways has jurisdiction of the highways of the
County of Erie and does hereby restrict traffic patterns for that portion of the highway in the
Town of Boston, said County, known as Erie, and described as follows:
Restriction:
The portion of Boston State Road (CR-227) between Thomwood Rd. and Wildwood
Dr. will have a shoulder closure. This restriction will begin February 5, with an
estimated completion date of February 19, or until complete. Working hours will be
from 7:30 a.m. to 4 p.m. daily. This restriction is for the purpose of utility work.
Spectrum Northeast LLC will be performing the work.
A restriction is executed under Article V, Section 104A of the Highway Law in order to permit a
proper completion of work of improvement thereon.
IN WITNESS WHEREOF: The undersigned has, on this 22" day of January, 2026, set his hand
in Buffalo, New York.
Very truly yours,
la /l#sa
wnLi E. GÉÁRY, JR.
COMMISSIONER OF PUBLIC WORKS
WEG/GES
cc: See Attached List
RATH BUILDING • 95 FRANKLIN STREET • BUFFALO, NEW YORK • 14202 • (716) 858-6000 • www.erie.gov
Page 24
Date Range: From 07/01/2025 to 07/31/2025
Dispatch Call Type Summary Agency: Boston Emergency Squad
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Jul-2025 Total
EMS EMS 51 51
MVA Auto Accident 3 3
FULL Full Assignment 3 3
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 58 58
Date: 08/01/2025 Page: 1
Page 25
Date Range: From 07/01/2025 to 07/31/2025
Dispatch Call Type Summary Agency: North Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Jul-2025 Total
EMS EMS 3 3
MVA Auto Accident 1 1
FULL Full Assignment 5 5
PRELIM Preliminary Assignment 3 3
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 3 3
SERVICE Public Relation Calls 0 0
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 15 15
Date: 08/01/2025 Page: 1
Page 26
Date Range: From 07/01/2025 to 07/31/2025
Dispatch Call Type Summary Agency: Patchin Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Jul-2025 Total
EMS EMS 2 2
MVA Auto Accident 1 1
FULL Full Assignment 4 4
PRELIM Preliminary Assignment 4 4
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 3 3
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 14 14
Date: 08/01/2025 Page: 1
Page 27
Date Range: From 07/01/2025 to 07/31/2025
Dispatch Call Type Summary Agency: Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Jul-2025 Total
EMS EMS 2 2
MVA Auto Accident 2 2
FULL Full Assignment 5 5
PRELIM Preliminary Assignment 5 5
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 16 16
Date: 08/01/2025 Page: 1
Page 28
Date Range: From 08/01/2025 to 08/31/2025
Dispatch Call Type Summary Agency: Boston Emergency Squad
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Aug-2025 Total
EMS EMS 48 48
MVA Auto Accident 4 4
FULL Full Assignment 2 2
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 1 1
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 57 57
Date: 09/08/2025 Page: 1
Page 29
Date Range: From 08/01/2025 to 08/31/2025
Dispatch Call Type Summary Agency: Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Aug-2025 Total
EMS EMS 1 1
MVA Auto Accident 4 4
FULL Full Assignment 4 4
PRELIM Preliminary Assignment 1 1
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 1 1
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 13 13
Date: 09/08/2025 Page: 1
Page 30
Date Range: From 08/01/2025 to 08/31/2025
Dispatch Call Type Summary Agency: North Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Aug-2025 Total
EMS EMS 1 1
MVA Auto Accident 2 2
FULL Full Assignment 5 5
PRELIM Preliminary Assignment 5 5
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 15 15
Date: 09/08/2025 Page: 1
Page 31
Date Range: From 08/01/2025 to 08/31/2025
Dispatch Call Type Summary Agency: Patchin Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Aug-2025 Total
EMS EMS 3 3
MVA Auto Accident 2 2
FULL Full Assignment 4 4
PRELIM Preliminary Assignment 4 4
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 14 14
Date: 09/08/2025 Page: 1
Page 32
Date Range: From 09/01/2025 to 09/30/2025
Dispatch Call Type Summary Agency: Boston Emergency Squad
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Sep-2025 Total
EMS EMS 53 53
MVA Auto Accident 3 3
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 3 3
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 59 59
Date: 10/02/2025 Page: 1
Page 33
Date Range: From 09/01/2025 to 09/30/2025
Dispatch Call Type Summary Agency: Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Sep-2025 Total
EMS EMS 0 0
MVA Auto Accident 2 2
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 4 4
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 2 2
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 10 10
Date: 10/02/2025 Page: 1
Page 34
Date Range: From 09/01/2025 to 09/30/2025
Dispatch Call Type Summary Agency: North Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Sep-2025 Total
EMS EMS 1 1
MVA Auto Accident 2 2
FULL Full Assignment 4 4
PRELIM Preliminary Assignment 2 2
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 0 0
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 9 9
Date: 10/02/2025 Page: 1
Page 35
Date Range: From 09/01/2025 to 09/30/2025
Dispatch Call Type Summary Agency: Patchin Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Sep-2025 Total
EMS EMS 1 1
MVA Auto Accident 1 1
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 4 4
Date: 10/02/2025 Page: 1
Page 36
Date Range: From 10/01/2025 to 10/31/2025
Dispatch Call Type Summary Agency: Boston Emergency Squad
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Oct-2025 Total
EMS EMS 41 41
MVA Auto Accident 2 2
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 44 44
Date: 11/03/2025 Page: 1
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Date Range: From 10/01/2025 to 10/31/2025
Dispatch Call Type Summary Agency: Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Oct-2025 Total
EMS EMS 0 0
MVA Auto Accident 1 1
FULL Full Assignment 1 1
PRELIM Preliminary Assignment 2 2
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 5 5
Date: 11/03/2025 Page: 1
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Date Range: From 10/01/2025 to 10/31/2025
Dispatch Call Type Summary Agency: North Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Oct-2025 Total
EMS EMS 2 2
MVA Auto Accident 1 1
FULL Full Assignment 3 3
PRELIM Preliminary Assignment 4 4
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 1 1
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 12 12
Date: 11/03/2025 Page: 1
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Date Range: From 10/01/2025 to 10/31/2025
Dispatch Call Type Summary Agency: Patchin Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Oct-2025 Total
EMS EMS 2 2
MVA Auto Accident 2 2
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 1 1
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 6 6
Date: 11/03/2025 Page: 1
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Date Range: From 11/01/2025 to 11/30/2025
Dispatch Call Type Summary Agency: Boston Emergency Squad
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Nov-2025 Total
EMS EMS 32 32
MVA Auto Accident 6 6
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 0 0
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 38 38
Date: 12/16/2025 Page: 1
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Date Range: From 11/01/2025 to 11/30/2025
Dispatch Call Type Summary Agency: Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Nov-2025 Total
EMS EMS 1 1
MVA Auto Accident 4 4
FULL Full Assignment 1 1
PRELIM Preliminary Assignment 1 1
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 1 1
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 8 8
Date: 12/16/2025 Page: 1
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Date Range: From 11/01/2025 to 11/30/2025
Dispatch Call Type Summary Agency: North Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Nov-2025 Total
EMS EMS 1 1
MVA Auto Accident 5 5
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 1 1
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 0 0
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 7 7
Date: 12/16/2025 Page: 1
Page 43
Date Range: From 11/01/2025 to 11/30/2025
Dispatch Call Type Summary Agency: Patchin Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Nov-2025 Total
EMS EMS 4 4
MVA Auto Accident 2 2
FULL Full Assignment 0 0
PRELIM Preliminary Assignment 1 1
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 0 0
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 7 7
Date: 12/16/2025 Page: 1
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Date Range: From 12/01/2025 to 12/31/2025
Dispatch Call Type Summary Agency: Boston Emergency Squad
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Dec-2025 Total
EMS EMS 43 43
MVA Auto Accident 7 7
FULL Full Assignment 2 2
PRELIM Preliminary Assignment 0 0
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 0 0
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 52 52
Date: 01/02/2026 Page: 1
Page 45
Date Range: From 12/01/2025 to 12/31/2025
Dispatch Call Type Summary Agency: Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Dec-2025 Total
EMS EMS 1 1
MVA Auto Accident 4 4
FULL Full Assignment 4 4
PRELIM Preliminary Assignment 2 2
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 2 2
SERVICE Public Relation Calls 5 5
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 18 18
Date: 01/02/2026 Page: 1
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Date Range: From 12/01/2025 to 12/31/2025
Dispatch Call Type Summary Agency: North Boston Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Dec-2025 Total
EMS EMS 3 3
MVA Auto Accident 5 5
FULL Full Assignment 2 2
PRELIM Preliminary Assignment 1 1
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 2 2
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 13 13
Date: 01/02/2026 Page: 1
Page 47
Date Range: From 12/01/2025 to 12/31/2025
Dispatch Call Type Summary Agency: Patchin Fire Department
This Report uses the NFIRS History
Hamburg Public Safety Dispatch
Code Dispatch Call Type Dec-2025 Total
EMS EMS 1 1
MVA Auto Accident 2 2
FULL Full Assignment 1 1
PRELIM Preliminary Assignment 2 2
HAZMAT Hazmat Assignment 0 0
SPECIAL Special Equip - M/A 0 0
SERVICE Public Relation Calls 4 4
W Water Rescue Assignment 0 0
REFER Referral 0 0
TEST TEST - DISREGARD 0 0
SWAT SWAT 0 0
Total 10 10
Date: 01/02/2026 Page: 1
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TOWN OF BOSTON – RESOLUTION NO. 2026-15
A RESOLUTION ADOPTING THE PRO-HOUSING COMMUNITIES PLEDGE
WHEREAS, the Town of Boston (hereinafter “Local Government”) believes that the lack
of housing for New York residents of all ages and income levels negatively impacts the future of
New York State’s economic growth and community well-being;
WHEREAS, the housing crisis has negative effects at regional and local levels, the Local
Government believes that every community must do their part to contribute to housing growth and
benefit from the positive impacts a healthy housing market brings to communities;
WHEREAS, the Local Government believes that supporting housing production of all
kinds in the community will bring multiple benefits, including increasing housing access and
choices for current and future residents, providing integrated accessible housing options that meet
the needs of people with sensory and mobility disabilities, bringing economic opportunities and
vitality to our communities, and allowing workers at all levels to improve their quality of life
through living closer to their employment opportunities;
WHEREAS, the Local Government believes that evidence showing that infill
development that reduces sprawl and supports walkable communities has significant
environmental and public health benefits; and
WHEREAS, the Local Government believes that affirmatively furthering fair housing and
reducing segregation is not only required by law, but is essential for keeping our community strong
and vibrant;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town of Boston, in order
to take positive steps to alleviate the housing crisis, adopts the Pro-Housing Communities pledge,
which will have the Local Government endeavor to take the following important steps:
1. Streamlining permitting for multifamily housing, affordable housing, accessible housing,
accessory dwelling units, and supportive housing.
2. Adopting policies that affirmatively further fair housing.
3. Incorporating regional housing needs into planning decisions.
4. Increasing development capacity for residential uses.
5. Enacting policies that encourage a broad range of housing development, including
multifamily housing, affordable housing, accessible housing, accessory dwelling units,
and supportive housing.
On February 4, 2026, the question of the adoption of the foregoing Resolution was duly
put to a vote on roll call, which resulted as follows:
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Yes No Abstain Absent
Councilmember Martin [ ] [ ] [ ] [ ]
Councilmember Selby [ ] [ ] [ ] [ ]
Councilmember Penders [ ] [ ] [ ] [ ]
Councilmember Stephan [ ] [ ] [ ] [ ]
Supervisor Keding [ ] [ ] [ ] [ ]
____________________________
Sandra L. Quinlan, Town Clerk
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TOWN OF BOSTON – RESOLUTION NO. 2026-16
AUTHORIZING AND RATIFYING ENGAGEMENT OF BARCLAY DAMON LLP FOR
RETAINED LAND USE AND ZONING MATTERS INCLUDING ERIE COUNTY
AGRICULTURAL DISTRICT NO. 15
WHEREAS, the Town of Boston is involved in ongoing and potential land use, zoning,
and regulatory matters, including matters arising under or related to Erie County Agricultural
District No. 15 and proceedings before the New York State Department of Agriculture and Markets
pursuant to Agriculture and Markets Law § 305-a; and
WHEREAS, such matters require specialized legal expertise in municipal land use
regulation and Agriculture and Markets Law; and
WHEREAS, Barclay Damon LLP has previously represented the Town of Boston in
connection with zoning and agricultural district matters and has demonstrated familiarity with the
Town’s codes, procedures, and regulatory framework; and
WHEREAS, the Town Supervisor has received an engagement letter from Barclay Damon
LLP dated January 20, 2026, for representation of the Town in connection with retained land use
and zoning matters, together with the Firm’s Standard Terms of Engagement for Legal Services;
and
WHEREAS, the Town Board finds it to be in the best interests of the Town to authorize
and ratify the engagement of Barclay Damon LLP in order to ensure continuity of counsel and
efficient representation in ongoing and related land use and zoning matters, including those
involving Erie County Agricultural District No. 15;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Boston hereby authorizes and ratifies
the engagement of Barclay Damon LLP pursuant to the engagement letter dated January 20, 2026,
for the provision of legal services in connection with retained land use and zoning matters,
including but not limited to matters involving Erie County Agricultural District No. 15 and
proceedings under Agriculture and Markets Law § 305-a; and be it further
RESOLVED, that legal services provided by Barclay Damon LLP shall be billed on an
hourly basis in accordance with the terms and rates set forth in the January 20, 2026 engagement
letter; and be it further
RESOLVED, that no Town officer, employee, board member, or representative shall
request or authorize legal services from Barclay Damon LLP pursuant to this engagement unless
such request or authorization is made with the prior approval of either the Town Supervisor or the
Town Attorney; and be it further
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RESOLVED, that the Town Supervisor is hereby authorized to execute any and all
documents necessary to effectuate this engagement on behalf of the Town consistent with this
resolution.
On February 4, 2026, the question of the adoption of the foregoing Resolution was duly
put to a vote on roll call, which resulted as follows:
Yes No Abstain Absent
Councilmember Martin [ ] [ ] [ ] [ ]
Councilmember Selby [ ] [ ] [ ] [ ]
Councilmember Penders [ ] [ ] [ ] [ ]
Councilmember Stephan [ ] [ ] [ ] [ ]
Supervisor Keding [ ] [ ] [ ] [ ]
____________________________
Sandra L. Quinlan, Town Clerk
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Corey A. Auerbach
Partner
January 20, 2026
Via Email – [email protected]
Town of Boston, NY
c/o Jason Keding, Town Supervisor
Boston Town Hall
8500 Boston State Road
Boston, NY 14025
Re: Engagement of Barclay Damon LLP (the “Firm” or “we”) by
Town of Boston, NY (“Client” or “you”).
Dear Jason:
Thank you for engaging the Firm to represent Town of Boston, NY in the following matter
(“Matter”): Retained Land Use and Zoning Matters. The Firm is pleased to undertake this
representation.
As a matter of Firm policy, it is necessary that the Firm provide you with this engagement letter
to set out the specific terms applicable to the representation. These terms consist of the terms set forth
in this letter and in the Standard Terms of Engagement for Legal Services (“Standard Terms”) attached
hereto (collectively, the “Engagement Letter”). Please be aware that we are not to be considered to be
your attorneys on the Matter until this Engagement Letter has been signed and returned by you, so
please respond promptly. You should not sign this Engagement Letter if you do not understand the
terms of the representation or if they are unacceptable.
Thank you for allowing Barclay Damon to be of service to you in connection with this
engagement. If the terms of this Engagement Letter meet with your approval, please so indicate by
signing below.
We look forward to working with you.
Very truly yours,
Corey Auerbach
CAA:dcp
AGREED TO AND ACCEPTED:
Town of Boston, NY
By: Dated:
Jason Keding, Town Supervisor
The Avant Building – 200 Delaware Avenue Suite 1200 – Buffalo, New York 14202 barclaydamon.com
[email protected] Direct: (716) 858-3801 Fax: (716) 768-2801
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Standard Terms of Engagement for Legal Services
(“Standard Terms”)
Introduction
This Standard Terms of Engagement for Legal Services contains the standard terms of our
engagement as your lawyers. Unless modified in writing by mutual agreement, these terms will be an
integral part of the letter (the “Letter”) to which this Standard Terms of Engagement is attached
(collectively, the “Engagement Letter”). Therefore, we ask that you review this document carefully
and contact us promptly if you have any questions.
1. Parties. This Standard Terms states the terms under which Barclay Damon LLP (we
or “BD”) shall provide and the client identified in the Letter (“Client”) shall pay for legal services. If
Client is a corporation, partnership, or limited liability company, BD represents only that entity and
does not represent its parent company, subsidiaries, affiliates, shareholders, officers, directors,
partners, members, managers, or employees. If Client is an individual, BD represents only that
individual and not that individual’s spouse or other family members, any entities in which the
individual owns an interest nor any other owners of such entities.
2. Scope of Services (“Matter”). BD shall provide legal services to Client in connection
with the Matter described in the Letter. Legal services not required for the Matter as described therein
will not be provided unless Client requests such services and BD agrees, in writing, to provide them.
This engagement calls for the Firm to represent Client in connection with the following matters
and areas of practice: Land Use Practice Area. At this time, we are unaware of any matters involving the
Firm that would prevent or limit us from serving Client or that would constitute actual or potential conflicts
of interest or would risk the disclosure of confidential information or impingement of the duty of loyalty.
However, in the interest of full disclosure, the Firm advises you that we are a full service law firm engaged
in many different areas of practice. Thus, it is entirely possible, and we think likely, that issues may arise
in connection with our representation of other clients that could put our Firm into a potential or actual
conflict with Client. For example, it is possible that clients in our Energy, Project Development, Property
Tax and Condemnation, Land Use and Zoning or Telecommunications Practice Areas may at some future
point(s) in time represent clients in connection with the need for real property tax, zoning and other
municipal approvals from Client as may be required for an existing or proposed development project. In
that event, there would be a technical conflict of interest. Because of the nature of our practice, we believe
that addressing this issue at this time is prudent.
In the event our Firm is engaged by Client and such other matters later emerge, we will do our
utmost to achieve a resolution of those matters in an acceptable manner, including but not limited to the
pursuit of a waiver from the other client. If we are unable to obtain a waiver, we will decline the
engagement. However, we require that Client agree to an advance waiver for this limited category of
practice upon our engagement. Absent this agreement to an advance waiver, the Firm will be unable to
accept this engagement.
3. Primary Attorney. Corey Auerbach will be the attorney at BD who has primary
responsibility for work on the Matter (the “Primary Attorney”). The Primary Attorney may use other
BD attorneys and non-attorney staff (such as paralegals) to do work on the Matter. Client has the right,
exercisable at any time, to require a change in the Primary Attorney and other attorneys and staff
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working on the Matter. BD also reserves the right to make changes to such personnel at any time. The
contact information is as follows:
NAME TELEPHONE FACSIMILE E-MAIL
Attorney
Corey A. Auerbach (716) 858-3801 (716) 768-2801 [email protected]
4. Client Confidentiality. BD will protect client confidences and secrets as required by
law. Please use special care when communicating with BD via electronic mail or by cellular telephone
because such methods of communication are not always secure and could lead to the inadvertent waiver
of attorney-client privilege.
5. Preservation of Evidence. For litigated matters, you are required by law to preserve
any evidence that may be relevant to the claim. This includes business records, correspondence, e-mail
or other messages, photographs or video, or other physical evidence. You must take steps immediately
to identify and locate any material and make sure that it is not discarded or deleted. You should err on
the side of including material. If this claim involves a business and it has a practice of discarding
material after a certain period of time, you must stop that process as it relates to any material relating
to this claim. Further, any individual in the organization who may have any such material should be
advised of this requirement of preservation. When we meet, we will discuss how to deal with this issue
going forward.
6. Conflicts of Interest.
(a) Client’s “Affiliates”. In this engagement, BD represents only the person or
entity that is identified as the “Client” in the Letter. “Client” does not include any “affiliates” of Client
(i.e., if Client is a corporation, limited liability company, or partnership, “affiliate” means any parent,
subsidiary, employee, officer, director, shareholder, member or partner of the corporation, limited
liability company, or partnership; or, if Client is a trade association, “affiliate” includes any member
of the trade association). Accordingly, for conflict of interest purposes, Client agrees that BD may
represent another client with interests adverse to any such affiliate, without obtaining Client’s consent.
Client further agrees that Client will not seek to disqualify BD from representing another client in a
matter where such client is adverse to Client’s affiliate. Upon BD’s request, Client will use best efforts
to arrange it so that none of Client’s affiliates will seek to disqualify BD from representing another
client in any such matter.
(b) Other Clients Adverse to “Client”. BD is a large law firm which represents
many clients in a variety of matters. It is possible that in the future, BD may be asked by one of those
clients to represent it in a matter where Client is an adverse party or has an adverse interest. If such a
future matter is substantially unrelated to the Matter in this engagement and if Client has not given BD
any confidential information that is materially relevant to such a future matter, then Client agrees
prospectively (1) to waive any conflict of interest in connection with BD representing another client in
such a future matter even though it may be against Client or an interest of Client; and (2) not to seek
to disqualify BD from representing another client in any such future matter.
7. Fees. The fees BD will charge for its services will be based on the amount of time spent
by its attorneys and paralegals on the Matter. Time is charged in units of tenths of an hour. The fee
will be the time spent by attorneys and paralegals multiplied by their hourly billing rate in effect when
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the work is done. The hourly billing rates are subject to change at the beginning of each calendar year.
The current hourly billing rates are as follows:
NAME TITLE RATE
Corey A. Auerbach Partner $600.00
A discount has been applied and the legal fees for this matter have been reduced from the
standard rates.
8. Expenses. In addition to the fees described above, BD will charge Client for expenses
it incurs that are related to the Matter. Examples of such expenses are filing fees, expert witness fees,
travel expenses, mileage, transcripts, judgments, lien searches, and the like. Expenses may either be
incurred/paid by BD and billed to Client, the bill for the expense may be submitted to Client for
payment directly to the billing party, or BD may assist Client in setting up a billing relationship
between the third party vendor and Client so Client can pay the charges directly.
9. Fee Estimates and No Guarantee of Outcome. We may provide Client with an
estimate or a proposed budget for the fees and expenses that are expected to be incurred for this
engagement. Although we make every effort to be accurate in providing estimates and budgets, Client
agrees that these projections and budgets are estimates only and that circumstances beyond our control
may result in fees and expenses being larger than projected. Similarly, although we may be asked to
comment on or predict the expected outcome of the matter, we are unable to guarantee any result for
this engagement. Client agrees that such projections are just that, predictions.
10. Billing and Payment. BD’s normal practice is to send Client a monthly bill for fees
and expenses for the prior month, although that practice may vary. Payment is due on receipt of the
bill. In the event of a fee dispute, Client may have the right to seek arbitration; we will provide Client
with the necessary information regarding arbitration in the event of a fee dispute, or upon Client’s
request.
11. Records Retention. We will endeavor to return original documents and records to you
at the termination of the engagement. Records are kept for at least seven years. Please inquire of your
attorney as to the specific time period that records of your engagement will be retained. Following the
expiration of the retention period, records are destroyed by confidential means.
12. Attorney-Client Relationship. We are very proud of our client relationships, and
occasionally identify clients to others who ask about our client base, or in institutional materials. Unless
you object in writing, we assume that you agree that we may state that we represent you in such matters
as we deem appropriate, although of course we would not publish or disseminate any confidential
information.
13. Termination.
(a) By Client. Client may terminate this engagement at any time for any reason by
notifying BD in writing. Client shall be responsible for outstanding invoices, for unbilled fees and
expenses incurred before termination, and for fees and expenses in connection with an orderly
transition of the Matter.
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(b) By BD. BD may terminate this engagement at any time for any reason,
including Client’s failure to pay BD’s fees and expenses, provided, however, that BD’s right to
terminate is subject to the applicable rules of professional conduct and the rules of any court having
jurisdiction of the Matter.
(c) On Completion of the Matter. BD’s representation of Client on this Matter shall
terminate automatically when the Matter is complete. The relationship of attorney-client between BD
and Client thereafter shall continue only if Client has engaged BD on other matters or once again
engages BD on this Matter.
14. Entire Agreement. This Engagement Letter constitutes the entire agreement between
BD and Client as to the Matter and may be changed only by a written document, signed by both parties.
15. Governing Law. Any dispute arising under this Engagement Letter shall be governed
by the laws of the State of New York. Client consents to the personal and subject matter jurisdiction
of the Supreme Court of the State of New York in and for the County of Erie, to resolve any such
disputes.
16. Additional Services. BD is a full-service law firm with a wide array of expertise as
described in the enclosed list of our Practice Areas and Industry Teams. Please feel free to contact us
about additional services offered by BD.
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Certificate Of Completion
Envelope Id: D43C318E-E172-4E48-BD89-80DB2807B28B Status: Delivered
Subject: Letter of Engagement - Town of Boston, NY - Retained Land Use and Zoning Matters
Source Envelope:
Document Pages: 6 Signatures: 0 Envelope Originator:
Certificate Pages: 4 Initials: 0 David Pierro
AutoNav: Enabled 125 East Jefferson St
EnvelopeId Stamping: Enabled Barclay Damon Tower
Time Zone: (UTC-05:00) Eastern Time (US & Canada) Syracuse, NY 13202
[email protected]
IP Address: 63.119.119.146
Record Tracking
Status: Original Holder: David Pierro Location: DocuSign
1/20/2026 5:03:47 PM [email protected]
Signer Events Signature Timestamp
Jason Keding Sent: 1/20/2026 5:08:33 PM
[email protected] Viewed: 1/21/2026 1:16:10 PM
Town Supervisor
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/21/2026 1:16:10 PM
ID: 2ab491da-be2b-4c04-bb43-eb83030964f2
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Corey Auerbach Sent: 1/20/2026 5:08:33 PM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/7/2025 3:59:51 PM
ID: eb56265f-d83f-4c83-9591-321e7b05ab4d
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/20/2026 5:08:33 PM
Certified Delivered Security Checked 1/21/2026 1:16:10 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 4/1/2019 10:37:34 AM
Parties agreed to: Jason Keding, Corey Auerbach
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Barclay Damon (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
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Page 91
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Page 92
TOWN OF BOSTON – RESOLUTION NO. 2026 - 17
APPROVING GEOTECHNICAL INVESTIGATION SERVICES FOR
PHASE 2 WATER MAIN IMPROVEMENTS
WHEREAS, the Town of Boston is undertaking Phase 2 of its water main improvement
project at various locations within the Town of Boston, Erie County, New York; and
WHEREAS, CPL Architects, Engineers, Landscape Architects & Surveyors, D.P.C.
(“CPL”), as the Town’s consulting engineer, solicited proposals for geotechnical investigation
services in connection with said project; and
WHEREAS, proposals were received and reviewed from Whitestone Associates
Engineering & Geology NY, PLLC (“Whitestone”), NW Contracting, and Atlantic Testing; and
WHEREAS, CPL evaluated the proposals and recommended that the Town proceed with
Whitestone Associates’ Alternate Bid (Hollow Stem Auger Borings Only), which provides
enhanced subsurface data to better evaluate drilling risks associated with horizontal directional
drilling; and
WHEREAS, Whitestone submitted a written proposal dated December 19, 2025, Proposal
No. PRY38639G.R25, for a lump sum cost of Seventy-Seven Thousand Nine Hundred Dollars
($77,900.00), which proposal includes express limitations on scope and requires written approval
for any additional services; and
WHEREAS, the Town Board finds that acceptance of the Whitestone proposal, as
recommended by CPL, is in the best interests of the Town;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Boston hereby approves the
engagement of Whitestone Associates Engineering & Geology NY, PLLC to perform geotechnical
investigation services for the Phase 2 Water Main Improvements project pursuant to its Alternate
Bid (Hollow Stem Auger Borings Only), at a total cost not to exceed $77,900.00; and be it further
RESOLVED, that no additional rock coring, consultation, or engineering services outside
the approved scope of work shall be undertaken without prior written approval of CPL and
authorization by the Town; and be it further
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the
Whitestone proposal and any related documents consistent with this resolution; and be it further
RESOLVED, that this resolution shall take effect immediately.
On February 4, 2026, the question of the adoption of the foregoing Resolution was duly
put to a vote on roll call, which resulted as follows:
Page 93
Yes No Abstain Absent
Councilmember Martin [ ] [ ] [ ] [ ]
Councilmember Selby [ ] [ ] [ ] [ ]
Councilmember Penders [ ] [ ] [ ] [ ]
Councilmember Stephan [ ] [ ] [ ] [ ]
Supervisor Keding [ ] [ ] [ ] [ ]
____________________________
Sandra L. Quinlan, Town Clerk
Page 94
Page 95
Page 96
Page 97
Please proceed with the Alternate Bid (Hollow Stem Auger Borings Only) for the price of
$77,900.00.
Any additional rock coring, consultation or engineering services located outside of the scope of
work indicated in the description above may not proceed without written approval from CPL.
Page 98
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Page 100
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Page 103
CC Environment & Planning
Katlyn Hojnacki
Senior Ecologist/Operations Manager
December 16, 2025
Jason Keding
Supervisor, Town of Boston
8500 Boston State Road
Boston, NY 14025
Re: Town of Boston Water Main Improvements – Phase 2 Project: Wetland Delineation and Permitting
Assistance
Dear Jason:
I am submitting the following proposal on behalf of CC Environment & Planning to provide a wetland
delineation and permitting assistance for the Town of Boston Water Main Improvements – Phase 2
Project. The delineation will occur along approximately 4.4 miles (23,115 linear feet) of road as per the
attached location map in the Town of Boston, Erie County, NY. The delineation will be conducted in
accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual Tech Report Y-87-1, and
the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral
and Northeast Region (v. 2.0), dated January 2012.
This Letter Agreement (hereinafter referred to as “Agreement”) is a proposal for consulting services by CC
Environment & Planning (hereinafter named as “Contractor”) for the Town of Boston (hereinafter named
as “the Client”).
SERVICES/DELIVERABLES
Task 1: Conduct a wetland and stream delineation along the watermain routes slated for replacement.
• Delineate wetlands and streams on both sides of the roadway within the right-of-way (ROW).
• Provide an estimated boundary of wetlands outside the ROW that are within 100 feet of the ROW
based on aerial imagery, soils, and field observations.
• Provide characterization of any streams encountered within the project area.
• Determine whether any identified wetlands and streams are jurisdictional or non-jurisdictional,
and identify the applicable jurisdiction.
• Provide total acreage of wetlands, including both delineated areas within the ROW and estimated
areas outside the ROW.
• Provide guidance for wetland restoration procedures.
Deliverables: Delineation summary report, maps, datasheets, and digital shapefiles of mapped
resources.
Task 2: Assist with wetland/stream permitting, as needed. This includes communicating with USACE and
NYSDEC, conducting site visits with regulatory agencies, and providing information and interpretations
when requested.
23 Jackson Street, Batavia, New York 14020 Phone: 585.219.4030 [email protected]
Page 104
Town of Boston WM – Phase 2 Project - Wetland Delineation and Permitting Page 2
FEE/SCHEDULE
Services under this agreement are offered as described. Field work will be conducted as soon as the snow
melts in 2026. The Contractor proposes to provide the above scope of services and associated deliverables
for Task 1 for a lump sum fee of $6,655. Task 2 will be structured as a time and materials budget with a
not-to-exceed limit of $5,000. Budget details are included in the table below. Invoices will be submitted
monthly based upon percent complete for Task 1 or time and materials based on the rate sheet for Task
2.
Per Linear
Task Total Area Total
Foot
Task 1: Wetland Delineation – Watermain Route $0.29 23,115 LF $6,703
LUMP SUM TOTAL $6,703
Task 2: Permitting Assistance* NA NA $5,000
CONTRACT TOTAL $11,703
*Time & material rates are based upon those of the calendar year in which they are provided. The 2025 rate sheet
is attached for reference. An updated rate sheet will be provided within the new year.
CONDITIONS
The contractor guarantees the quality of this work. Once this offer is accepted payments are to be made
at times specified upon presentation of an invoice by contractor. However, the client and the contractor
may mutually decide to reschedule, postpone or delay this project as business needs may suddenly dictate
without penalty and without time limit, subject only to mutually agreeable time frames in the future.
ASSUMPTIONS
The proposed schedule and fee for this project are based on the following assumptions:
1. The Client and the project team will provide appropriate, timely access to contacts and
information and provide requested feedback necessary to complete the scope of services as
scheduled.
2. All parties will make every effort to ensure timely answers to questions as related to the scope of
services and progress.
3. All parties will inform each other immediately of any unforeseen changes, new developments, or
other issues that affect and influence this project so necessary adjustments can be made.
23 Jackson Street, Batavia, New York 14020 Phone: 585.219.4030 [email protected]
Page 105
Town of Boston WM – Phase 2 Project - Wetland Delineation and Permitting Page 3
ACCEPTANCE
If this proposal meets with your approval, please countersign below and return one copy for our records.
If you have any questions, please contact me. We appreciate the opportunity to provide these services to
you.
Sincerely,
Katlyn Hojnacki, Senior Ecologist
CC Environment & Planning
AUTHORIZATION
CC Environment & Planning is hereby authorized to proceed with the services described herein in
accordance with the terms and conditions proposed herein.
___________________________________________ ______________________
Name, Company Date
PAYMENT ACCOUNT SETUP INFORMATION
Please complete the following Accounts Payables contact information for invoice submittals.
Contact Name/Title: _____________________________ Contact Phone: ________________
Email Address: _________________________________ CC: __________________________
Additional Submittal Information: ______________________________________________________
23 Jackson Street, Batavia, New York 14020 Phone: 585.219.4030 [email protected]
Page 106
Jonathan Rink
TO TO
NEW PROPOSED OVERLAY WATER DISTRICT
W W
TOWN OF AURORA
N N
ORCHARD PARK
O O
FO F
TOWN OF
Plotted By:
RC HAM
HA BU
EXISTING PUMP STATION
EXISTING ECWA DIRECT SERVICE AREA
R D RG
(TYP. OF 3)
PA
TOWN OF HAMBURG
RK
TOWN OF ORCHARD PARK
TOWN OF EDEN TOWN OF AURORA
12/9/2025 10:48 AM
TOWN OF BOSTON
TOWN OF COLDEN
CPL | Architecture Engineering Plan
726 Exchange Street, Suite 920
Buffalo, NY 14210
Date last plotted:
CPLteam.com
PRIORITY #6: BACK CREEK ROAD
REPLACE 4,500 LF OF 8" WM CRESTWOOD WATER
STORAGE TANK
PRIORITY #13: OLD ORCHARD DRIVE
8/11/2025 11:14 AM
REPLACE 2,815 LF OF 6" WM
TOWN OF BOSTON
TOWN OF EDEN PRIORITY #7: BOSTON STATE ROAD
REPLACE 5,600 LF OF 12" WM
S:\Projects\Boston_T\Water Sys Rpts\D Design\Reports\Boston Water\2025 WIIA\Figures\Boston 2025 Proposed Improvements.dwg Date last accessed:
PROJECT INFORMATION
Project Number
R25.17975.00
Client Name
WOLHOETER WATER
STORAGE TANK TOWN OF BOSTON
Project Name
PRIORITY #9: BACK CREEK ROAD 2025 WATER SYSTEM
REPLACE 4,135 LF OF 8" WM IMPROVEMENTS
Project Address
BOSTON, NEW YORK
PRIORITY #1: SECONDARY SOURCE OF WATER
PRIORITY #4: BOSTON STATE ROAD
REPLACE 2,730LF OF 12" WM
TOWN OF COLDEN
TOWN OF BOSTON
SHEET INFORMATION
Issued Scale
5/15/2025 1" = 4000'
Drawn By Checked By
JLM DGI
Drawing Title
LEGEND PRIORITY #8: BOSTON COLDEN ROAD & LANGO ROAD
REPLACE 3,335 LF OF 8" AND 6" WM
ALTERNATIVE 1 PROPOSE
PROPOSED OVERLAY DISTRICT
TOWN OF BOSTON
IMPROVEMENTS
PROPOSED WATER MAIN TOWN OF BOSTON
TOWN OF NORTH COLLINS TOWN OF COLDEN
TOWN OF CONCORD
TOWN OF CONCORD TOWN OF CONCORD
NORTH COLLINS
EXISTING WATER MAIN
TOWN OF
EXISTING PUMP STATION
Drawing Number
Sheet size: 11x17
Drawing Name:
EXISTING WATER STORAGE TANK
RICE HILL WATER PRIORITY #14: EIGHTEENMILE CREEK CROSSING
FIG
STORAGE TANK ABANDON 8" WM UNDER CREEK
3
Page 107
CC ENVIRONMENT
& PLANNING
BILLING RATES
CALENDAR YEAR 2025
Employee Type Hourly Rate
Principal Ecologist/Planner $190.00
Senior Ecologist/Senior Planner $165.00
Ecologist III/Planner III $140.00
Ecologist II/Planner II/GIS Analyst $125.00
Ecologist I/Planner I $115.00
Field Technician $85.00
Administrator $75.00
Travel/Materials/Contracted Services Cost plus 20%
*Rates are fully burdened and inclusive of overhead and profit; reimbursables (travel, permits, equipment,
subcontracts, etc.) billed as specified above.
CC Environment & Planning 23 Jackson Street Batavia, NY 14020 Phone: 585.219.4030 www.ccenvironment.com
North Country Ecological Services 25 W. Fulton Street Gloversville, NY 12078 Phone: 518-725-1007 www.northcountryeco.com
Page 108
SJL Wetlands, LLC
P.O. Box 47
Warsaw, NY 14569
716-912-7965
PROPOSAL P00426 January 9, 2026
Jason Keding
Town of Boston Supervisor
8500 Boston State Road
Boston, NY 14025
716-941-6518
[email protected]
Re: Field Wetland Delineation, ± 35 acres (4.38 miles)
Total investigation (including desktop evaluation), 141± acres
Town of Boston Phase 2 Water Project
Town of Boston, Erie County, New York
Dear Supervisor Keding,
Task 1: At your request, SJL Wetlands, LLC is submitting this proposal for a wetland and stream
delineation for the site identified above in the Town of Boston, New York. The wetland/stream
delineation will be performed in accordance with the currently applicable Corps of Engineers Wetland
Delineation Manual (1987) and Northcentral and Northeast Regional Supplement to the Corps of
Engineers Wetland Delineation Manual (Version 2.0 - January 2012) as well as the NYSDEC
Freshwater Wetlands Delineation Manual (July 1995). This report will include the location and acreage
of wetlands within the investigation area (Including location of individual wetland flags) and
characterization of any streams (e.g. perennial, intermittent or ephemeral) as required by the regulatory
agencies. The report will also offer an opinion of jurisdiction by the U.S. Army Corps of Engineers
(USACE) (federal wetlands) and/or New York State Department of Environmental Conservation
(NYSDEC) (state wetlands) for the identified wetlands and streams.
This price includes the survey of the delineated wetlands including wetland delineation flags and
streams/drainage features by a licensed land surveyor. The field investigation limits include the areas
within the public right-of-way on both sides of the road as depicted on the attached map prepared by
CPL dated 5/5/2025. A desktop review of the extension of these wetlands on the adjacent properties
will extend a minimum of 100 feet from the limits of the public right-of-way in order to estimate the
approximate limits of NYSDEC regulated upland adjacent area which may extend into the project area
from wetlands located on private properties. The deliverable will include the detailed wetland
delineation report in .pdf format as well as .shp files of the identified wetlands and streams.
Based on the current Part 664 regulations, NYSDEC generally regulates a 100-foot upland adjacent
area to any NYSDEC regulated Article 24 wetland; in the cases of productive vernal pools and nutrient
poor wetlands, this adjacent area may be extended beyond 100 feet but it is not anticipated these
scenarios exist within this project area. The desktop review of the 100-foot extension beyond the
public right-of-way will be completed using aerial imagery, field observations and other resource
mapping. This evaluation will be approximate since these areas are not permitted for access. Note that
much of the investigation area falls within an “urban area” as defined by the US Census Bureau and
NYSDEC. Attached is an approximate overlay of the investigation area and “Urban Area” map
accessed through the NYS GIS Clearinghouse which NYSDEC is using as their source for the “urban
area” designation, whereas per Part 664.6(b) of NYSDEC regulations that went into effect on January
1, 2025, there is no minimum size limit for wetlands to fall under NYSDEC Article 24 regulations.
Page 1 of 3
Page 109
SJL Wetlands, LLC
P.O. Box 47
Warsaw, NY 14569
716-912-7965
Areas outside of the “urban area” designation will be evaluated beyond 100 feet from the project area
to determine potential NYSDEC Article 24 jurisdiction.
SJL Wetlands LLC proposes to complete this scope of work for a lump sum of $12,666.00
Task 2: Recommendations for Restoration: SJL will provide general recommendations (via a
separate letter document from the Wetland/Stream Delineation Report) to support the proper
restoration of wetlands after the installation of the proposed project improvements. These
recommendations will include soil preparation and seeding recommendations for the affected area
upon completion of the installation of the various waterlines. This supplemental document will not
include recommendations relative to construction methods for the installation of the waterlines.
SJL Wetlands LLC proposes to complete this scope of work for a lump sum of $600.00
Task 3: Permitting and Agency Coordination: SJL is proposing a Not To Exceed (NTE) cost for
Time and Materials related to Agency Coordination and Permitting relative to Article 24 and
Section 404. This task may include attendance of virtual or in-person meetings with NYSDEC
and/or USACE during the permitting process, request for Jurisdictional Determinations from both
agencies and wetland boundary confirmation of the delineated wetlands, site visits with these
agencies to verify the wetland delineation, etc. This task does not include the preparation of a Joint
Application for Permit, or response to public comments relative to any application or wetland
mitigation plan unless time/funding allows within this Not to Exceed proposal cost. Under this task,
time will be billed at a rate of $150.00 per hour and material costs will be billed at cost, including
current federal mileage rates of $0.725/mile.
SJL Wetlands LLC proposes to complete this scope of work for a Not To Exceed cost of $5,000.00
TOTAL COST PROPOSAL: $18,266.00
NOTES:
All work outside the described scope will be invoiced at $150/hour plus time and material expenses.
Client is responsible for ensuring site access is approved by the landowner if you are not the
landowner.
Pricing is valid until May 1, 2026. If accepted, the work will be invoiced progressively thereafter
and payment will be due within 15 days of invoice.
Site conditions must be appropriate to complete the investigation (i.e. no snow cover)
Page 2 of 3
Page 110
SJL Wetlands, LLC
P.O. Box 47
Warsaw, NY 14569
716-912-7965
Receipt of a signed copy of this document will represent your authorization for this scope of work.
Feel free to contact me with any questions.
Sincerely Yours,
Scott J. Livingstone
I authorize this work to proceed.
______________________________________________________________________________
Signature of Responsible Party
______________________________________________________________________________
Name (printed or typed) Date
______________________________________________________________________________
______________________________________________________________________________
Billing Contact Information and Address (if different than above)
Page 3 of 3
Page 111
Jonathan Rink
TO TO
NEW PROPOSED OVERLAY WATER DISTRICT
W W
TOWN OF AURORA
N N
ORCHARD PARK
O O
FO F
TOWN OF
Plotted By:
RC HAM
HA BU
EXISTING PUMP STATION
EXISTING ECWA DIRECT SERVICE AREA
R D RG
(TYP. OF 3)
PA
TOWN OF HAMBURG
RK
TOWN OF ORCHARD PARK
TOWN OF EDEN TOWN OF AURORA
12/9/2025 10:48 AM
TOWN OF BOSTON
TOWN OF COLDEN
CPL | Architecture Engineering Plan
726 Exchange Street, Suite 920
Buffalo, NY 14210
Date last plotted:
CPLteam.com
PRIORITY #6: BACK CREEK ROAD
REPLACE 4,500 LF OF 8" WM CRESTWOOD WATER
STORAGE TANK
PRIORITY #13: OLD ORCHARD DRIVE
8/11/2025 11:14 AM
REPLACE 2,815 LF OF 6" WM
TOWN OF BOSTON
TOWN OF EDEN PRIORITY #7: BOSTON STATE ROAD
REPLACE 5,600 LF OF 12" WM
S:\Projects\Boston_T\Water Sys Rpts\D Design\Reports\Boston Water\2025 WIIA\Figures\Boston 2025 Proposed Improvements.dwg Date last accessed:
PROJECT INFORMATION
Project Number
R25.17975.00
Client Name
WOLHOETER WATER
STORAGE TANK TOWN OF BOSTON
Project Name
PRIORITY #9: BACK CREEK ROAD 2025 WATER SYSTEM
REPLACE 4,135 LF OF 8" WM IMPROVEMENTS
Project Address
BOSTON, NEW YORK
PRIORITY #1: SECONDARY SOURCE OF WATER
PRIORITY #4: BOSTON STATE ROAD
REPLACE 2,730LF OF 12" WM
TOWN OF COLDEN
TOWN OF BOSTON
SHEET INFORMATION
Issued Scale
5/15/2025 1" = 4000'
Drawn By Checked By
JLM DGI
Drawing Title
LEGEND PRIORITY #8: BOSTON COLDEN ROAD & LANGO ROAD
REPLACE 3,335 LF OF 8" AND 6" WM
ALTERNATIVE 1 PROPOSE
PROPOSED OVERLAY DISTRICT
TOWN OF BOSTON
IMPROVEMENTS
PROPOSED WATER MAIN TOWN OF BOSTON
TOWN OF NORTH COLLINS TOWN OF COLDEN
TOWN OF CONCORD
TOWN OF CONCORD TOWN OF CONCORD
NORTH COLLINS
EXISTING WATER MAIN
TOWN OF
EXISTING PUMP STATION
Drawing Number
Sheet size: 11x17
Drawing Name:
EXISTING WATER STORAGE TANK
RICE HILL WATER PRIORITY #14: EIGHTEENMILE CREEK CROSSING
FIG
STORAGE TANK ABANDON 8" WM UNDER CREEK
3
Page 112
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-- TOWN OF BOSTON --
APPLICATION FOR LICENSE TO COLLECT AND DISPOSE
OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS
3. The Applicant hereby agrees to:
a. Indemnify and hold harmless the Town of Boston for any pending, threatened
or actual claims, liability or expense arising from waste disposal in violation of
Chapter 63 of the Town Code or not in conformance with this license
(S63 -502.B).
b. To offer collection services for municipal solid waste and recyclables at the same
time and on the same day to all of its customers (S63-502.C).
c. To maintain separate monthly records of municipal solid waste and recylables
collected, transported and disposed of in conformance with S63-502.D of
the Boston Town Code, and to provide to the Town of Boston quarterly reports
containing such information.
d. To amend or supplement this Application in writing, additional information is
required to conform with Chapter 63 of the Town Code.
4. That Applicant has not been adjudged or determined to have violated Chapter 63
of the Town Code within the preceding calendar year.
/log �
a
=
I
' '
FEE: $100 _ __§jgnature Date
1.._.----
tfwrfio� ,f(
Name
License Granted by Town Board: ______
Date Town Clerk