A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 5th day of August, 1981 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL:
E. B. Woodard Supervisor
J. J. Diggins Councilman
R. P. Penny Councilman
D. J. Mill Councilman
D. P. Curley Councilman
Betty K. Reukauf Town Clerk
R. J. McNamara Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
WHEREAS, Mr. A. L. Greenwood, 186 Steppingstone Lane, Chairman of the "Committee for Tim McClusky" appeared before the Board, and .
WHEREAS, Mr. Greenwood explained to the Board that Tim McClusky, age 19 and. a resident . of Nottingham Village in the Town of Orchard Park, due to a swimming pool accident severly damaged his spinal cord and is paralyzed from his. neck down, and
WHEREAS, friends and neighbors are involved in a fund raising project which will culminate on August 23, 1981 with a picnic, pot luck dinner, games and raffels, and
WHEREAS, Mr. Greenwood is desirous of making this fund raiser a huge success, invited everyone to participate and requested the Town Board to declare August 23, 1981 as "Tim McClusky Day".
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to proclaim August 23, 1981 as "Tim McClusky Day" in the Town of Orchard Park.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old. Business #1 - T._ Mclndoo, N. Buffalo Rd. Change in Use & C/O for Video Games Parlor
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and the Conservation Board, the request from Thomas Mclndoo, 3670 N. Buffalo Rd. for a Change in Use and C/O to operate a Video Games Parlor in existing building.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 -- Joanne Scully- Resignation from Orchard Park Youth Board.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to accept with regret the resignation of Joanne Scully from the Orchard Park Youth Board, and be it further
RESOLVED that the Supervisor be and is hereby directed to send Mrs. Scully a Certificate of Merit in appreciation for her leadership-role on the Youth Committee during the final establishment of the Youth Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the New York State Division for Youth Program Application for the Orchard Park Youth Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 not on Agenda - Mr. Kojak complaint re: air landing strips.
Mr. Kojak appeared before the Board and requested information re: the Ordinances of the Town of Orchard Park that governs air landing strips, requirements for permits for such installation and noise resulting from motorized gliders used at these landing fields. He stated the noise and vibration made by gliders from Robert Russer's air strip at 6567 Powers Road is unbearable and asked the Board's help in correcting this problem. A discussion was held by members of the Town Board and Mr. Kojak re-quested the Town Attorney to find out if indeed the State of New York did adopt a Noise Standards. When he has that information, Mr. Kojak requested that he be notified as to the way the Town Board intends to correct this problem.
At this time the Supervisor adjourned this business to hold the 8:15 P.M. EDT Public Hearing.
PUBLIC HEARING
At 8:15 P.M. EDT , the advertised time, the Supervisor called for the Public Hearing to hear all interested parties or citizens for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park which amendment provides as follows:
To rezone properties from R4 to 11 located on the West side of California Road between Southwestern Blvd. and Ellis Road, Orchard Park as petitioned by Stadium Industrial Park.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The Affidavit is entered into and attached to these minutes.
PROPONENTS
Donald Kamm - 8 Briar Hill Road, Orchard Park
Richard Schneider - 4065 N. Buffalo Road, Orchard Park
OPPONENTS
John Reid, Vice President Nottingham Village Home Owners Association Robert Frantsit - 4270 California Road, Orchard Park
Frank Piccarreto - 4111 California Road, Orchard Park
Howard Hartmans - 5720 Big Tree Road, Orchard Park
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance to rezone from R4 to 11 property as petitioned by Stadium Industrial Park be and is hereby closed at 8:24 P.M. EDT.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
The Board reserved decision until August 19,1981
At this time the Supervisor reopened the discussion to complete New Business #2.
Charles Reukauf and Eleanor Reukauf, 861 Indian Church Road, West Seneca - owners of property on Chestnut Ridge Road abutting Mr. Russer's property on the West complained about drainage on their property from the landing field causing undue harm to land for farming. Mr. Reukauf stated that Mr. Russer has drained the whole length of the hill into one pipe which flows on their land.
Robert Paul and Edith Paul, 6604 Powers Road, Orchard - Mrs. Paul stated the glider is not solely for Mr. Russer's use and yesterday a helicopter landed there which caused her antique plates and collectibles to be moved to the edge of the shelves. She re-quested, that it become a part of the minutes that she is protesting that no permit was needed to build this runway and that she strongly feels there should be some regulation on this type of building in the Town of Orchard Park.
PUBLIC HEARING
At 8:30 P.M. EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park which amendment reads as follows:
To rezone properties from PUD to R3 located at Chestnut Ridge Road, known as Chestnut Ridge Village, Orchard Park as petitioned by Lancaster Homes, Inc.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.
PROPONENTS
Gary Petrie - Representing Tallamy, Van Kuren, Gertin & Theilman - 70 Linwood Avenue, Orchard Park
Jean Miller - 25 Briggs Drive, Orchard Park
A discussion by the Board was held as to the proposed plans for area drainage, wet lands, road access, drainage basin etc. Mr. Petrie presented proposed plans and reviewed proposals discussed with the Planning Board on the above items in question.
OPPONENTS
Howard Hartmans - 5720 Big Tree Road, Orchard Park
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance to rezone property from PUD to R3 as petitioned by Lancaster Homes, Inc. be and is here-by closed at 8:59 P.M. EDT.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
The Board reserved decision until August 19, 1981.
PUBLIC HEARING
At 9:00 P.M. EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amendment of the Zoning Ordinance of the Town of Orchard Park which amendment provides as follows:
To rezone properties from R3 to I1 located on the North side of Big Tree Road West of the Southern Expressway approximately 379 foot frontage and 350 feet in depth, as petitioned by Tri-Delta Aggregates, Inc. Orchard Park.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the '-own Board by the Town Clerk. The affidavit is entered into and attached to these minutes.
PROPONENTS
Harold Bixby - Petitioner and President of Tri-Delta Aggregates, Inc. Beverly Spalti - 7409 Ellicott Road, Orchard Park Dennis Perry - Representing Marrano Corp.
OPPONENTS
Howard Hartmans - 5720 Big Tree Road, Orchard. Park
Elmer Prange - 5542 Big Tree Road, Orchard Park
Harold Chaplin - 5684 Big Tree Road, Orchard Park
Sylvia Chaplin - 5684 Big Tree Road, Orchard Park
Robert Frantsits - 4270 California Road, Orchard Park
Frank Picarreto - 4111 California Road, Orchard Park
James Grucella - 5575 Big Tree Road, Orchard Park
James Suplicki - 5560 Big Tree Road, Orchard Park
Jean Miller - 25 Briggs Drive, Orchard Park
Ladd Horn - 5776 Big Tree Road, Orchard Park
Mrs. George Liddle - 5512 Big Tree Road, Orchard Park
Letters were filed with the Town Board by Howard Hartmans in opposition to the rezoning from the following area residents:
William and Jane Dodd - 4461 California Road, Orchard Park Earl and Arlene McFeely - 3965 California Road, Orchard Park Nelson and Esther Miller - 4388 California Road, Orchard Park Marjorie Hartmans - 5720 Big Tree Road, Orchard Park
Anthony and Gladys O'Dea - 4038 California Road, Orchard Park Lillian Ehlers - 182 Thorn Ave., Orchard Park
The Town Clerk filed a letter with the Town Board in opposition to the rezoning from Mary Ann Coplai, 5820 Big Tree Road, Orchard Park.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance to-rezone property from R3 to I1 as petitioned by Tri-Delta Aggregates, Inc. be and is hereby closed at 9:50 P.M. EDT.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
The Board reserved decision until August 19, 1981.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve Change Order #1 on South Freeman Road Waterline Project Contract, for an increase in an amount not to exceed Two Thousand Seven Hundred Fifty ($2,750.00) Dollars as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following request from Joe Winnert, General Chairman of the Quaker Arts Festival to be held September 19 and 20, 1981:
1) Fencing for Artists, 2) Police Protection, 3) Barrels for trash, 4) Use of low-bay or flat bed truck for transportation of a sculpture to the school grounds.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Diggins reported on receipt of an evaluation of Grant Assistance possibilities for the Town of Orchard Park from Brown Associates and although grants are at a premium, the Town of Orchard Park will research all areas for funding.
10)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
WHEREAS, the Town Board did hold a Public Hearing in the matter of a request from Lancaster Homes to rezone from PUD to R3 property located on Chestnut Ridge Road known as Chestnut Ridge Village, and
WHEREAS, the Town Board and Mr. Petrie discussed many aspects of the proposed conceptual plan including wet lands, streets, drainage and retention areas, etc., and
WHEREAS, the Town Board did reserve decision on the rezoning until August 19, 1981, and
WHEREAS, members of the Town Board are desirous of obtaining answers to many unanswered questions by study and research of all available information filed with and or by the Planning Board including alternate ways the Town should handle the wet lands areas
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to reserve decision on the petition to rezone the property known as Chestnut Ridge Village, Chestnut Ridge Road from PUD to R3 until the Town Board has reviewed all facets of the proposed subdivision, and be it further
RESOLVED that the Supervisor be and is hereby directed to notify the petitioner of this decision by letter including a certified copy of this resolution.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to congratulate Raymond F. Gallagher, former State Senator, resigned, on his appointment as Chairman of the Board of the Niagara Frontier Transportation Authority, wish him well in his new position and send our deep and sincere appreciation for the many months of service and representation he gave to the residents of Orchard Park.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN. PENNY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from the. the Highway Superintendent to schedule the following bid openings on August 18, 1981 at 10:00 A.M. EDT:
1. One set of new Snow Removal Equipment to be mounted on a Town truck
2. One new Truck Chasis and Cab complete with Body and Hoist
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #13 and the End of Month Warrant for July 1981 following auditing by members of the Town Board and in the amount indicated:
WARRANT #13 END OF MONTH
GENERAL FUND $35,926.12 $112,075.16
PART TOWN FUND 66.22 2,072.38
SPECIAL DISTRICTS 33,002.57 94,940.16
HIGHWAY FUND 36,194.28 14,274.83
TRUST & AGENCY FUND 28,627.01
FEDERAL REVENUE SHARING 9,290.16 1,760.92
CAPITAL FUND S.S. #18 901.30 -
CAPITAL FUND Various 10,925.80 -
DEBT SERVICE FUND 247.50 -
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCEBAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO ITS:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Communication as entered on the Agenda:
Senator Raymond F. Gallagher - Receipt of Resolutions #9 & #10, Association of Towns Conference 1981.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION,, SECONDED BY COUNCILMAN PENNY. TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Report as entered on the Agenda:
Board of Assessment Review - Statement of changes on the Assessment Roll
and be it further
RESOLVED that the Town Board be and is hereby authorized to receive and file the Building Inspector's Report and Building Permits for the month of July 1981.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Frank Newton, Chairman of the Conservation Board re: The Conservation Board's review and approval of the White Arrow Landscape Plan.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 10:15 P.M EDT with a moment of silent prayer in honor of Stanley Makowski, former City of Buffalo Mayor who died today after a long illness. The Supervisor re-quested the Town Clerk to send a Certified Copy of these minutes to Mrs. Makowski ex-pressing the Town of Orchard Park's heartfelt sympathy.
Respectfully submitted.
Betty K. Reukauf
Town Clerk