Reg Mtg #14 - Mtg #16

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 15th day of July, 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

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

ABSENT:

D. P. Curley Councilman

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on July 1, 1981, as presented by the Town Clerk, be and is hereby approved, and be it further

RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #1 - Dr. Timothy Clare re: Jolls Property.

Dr. Clare did not appear before the Board.

Old Business #2 - Remove from Table 7/1/81 appointment of member to Town Planning Board.

1) 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 the appointment of John Nagurney, Esq., 12 Quaker Lake Terrace, to the Planning Board to fill the unexpired term of William Schueler who resigned and whose term expires 12/31/85.

E. B. Woodard. Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

2) 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 accept with regret the resignation of Leon Zwolinski, 13 Briar Hill Road, as member and Chairman of the Town Zoning Board of Appeals effective July 14, 1981, and be it further

RESOLVED that the Supervisor be and is hereby directed to present Mr. Zwolinski with a Certificate of Merit in recognition for his many services performed for the Town of Orchard Park.

THE RESOLUTION WAS DULY ADOPTED.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Michael McGuire, 3021 Baker Road to the Zoning Board of Appeals to fill the unexpired term of Leon Zwolinski who resigned and whose term expires 12/31/85, and be it further

RESOLVED that Francis Fiske, 7532 Behm Road, be and is hereby. designated as Chairman of the Zoning Board of Appeals for the remainder of the year 1981.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #3 - Stadium Ind. Park California Rd. Schedule Public Hearing Rezone R4 to

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on August 5, 1981 at 8:15 P.M. EDT in the matter of a petition from Stadium Industrial Park to rezone property on the West side of California Road between Southwestern Blvd. and Ellis Road from R-4 to I-1, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D., J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #4 - Munchy's Restaurant, Southwestern Blvd., Request Building Permit.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, 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 Munchy's Restaurant, 3838 Southwestern Blvd. for a Building Permit as recommended by the Planning Board 7/8/81.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D.J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #5 - White Arrow Service Stations, Southwestern Blvd., Request Building Permit

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from White Arrow Service Stations, Inc., 3388 Southwestern Blvd. for a Building Permit as recommended by the Planning Board with stipulation 7/8/81 and pending approval of landscaping plans by the Conservation Board.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #6 - Gamble Letter Service, N. Buffalo Rd. Request for Change in Use.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Gamble Letter Service, 3752 N. Buffalo Rd. for a Change in Use and C/O as recommended by the Planning Board 7/8/81 and pending approval of landscaping plans by the Conservation Board.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING

At 8:15 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 provides as follows;

To grant a Special Exception Use Permit as petitioned by Vincent Gianni, 4990 Ellicott Road, Orchard Park for the purpose of operating a Gun Shop Home Occupation in an R-3 Zone.

Affidavits of Publication and Posting of the Legal Notice 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

Vincent Gianni, 4990 Ellicott Road, Orchard Park Karen Gianni, 4990 Ellicott Road, Orchard Park

OPPONENTS

No one spoke.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, 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 of the Town of Orchard Park as petitioned by Vincent Gianni be and is hereby closed at 8:19 P.M. EDT.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park granting a Special Exception Use in an R-3 Zone for the purpose of operating a Gun Shop Home Occupation as petitioned by Vincent Gianni, 4990 Ellicott Road was conducted at the Municipal Building, 4295 South Buffalo Street, Orchard Park, New York on the 15th day of July, 1981 at which all interested parties were given an opportunity to be heard, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the 'Town Board

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by granting a Special Exception Use Permit on

being part of lot Number thirteen (13), Township nine (9), Range seven (7) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point on the center line of the Orchard Park Griffins Mills Road, said point being measured three hundred seventy-eight and fourteen hundredths (378.14) feet southeasterly few: the intersection of the center line of the Orchard Park. Griffins Mills Road and the north line of the property of Hulbert P. Belknap as described in Liber 1617 of Deeds at Page 24, filed in the Erie County Clerk's Office; thence measured westerly and parallel with the north line of Hulbert P. Belknap property, a distance of four hundred thirty-eight and forty-six hundredths (438.46) feet; ten r measured southerly and at right angles to the last described line, a 'distance of one hundred thirteen and ten hundredths (113.10) feet; thence measured easterly and at an included angle of 90' 36' with the last described line, a distance of five hundred thirty-one and seventeen hundredths (531.17) feet to the center line of the Orchard Park Griffins Mills Road; measured northwesterly and at an included angle of 51° 46' and along the centerline of the Orchard Park Griffins Mills Road, a distance of one hundred fifty-one and seventy-eight hundredths (151.78) feet to the point of beginning. a piece of land on the east end of the above described premises and being thirty-three (33) feet wide and having the west line parallel with and thirty-three (33) feet west of t e center line of the Orchard Park Griffins Mills Road and intended to describe the west half of the Orchard Park Griffins Mills Road, the balance of the property containing one and sixteen hundredths (1.16) acres mere or less.

EXCEPTING therefrom that part of land conveyed by Notice of Appropriation dated June 22, 1970 and recorded in the Erie County Clerk's Office in Liber 7800 of Deeds at Page 368, on October 22, 1970. ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park County of Erie and State of New York, being part of lot Number 13, Township 9, Range 7 of the Holland Land Company's Survey, described as follows:

BEGINNING at a point on the dividing line between lands conveyed to Edward Bruckmayer and Mira his wife by deed recorded in the Erie County Clerk's Office in Liber 4895 of Deeds at Page 40, on the north and lands conveyed to Felix A. Pokorny and Julia D. his wife by deed recorded in said Clerk's Office in Liber 3588 of Deeds at Page 134, on the south, at the northwest corner of land conveyed to Lyell A. Knighton and .Nary M. his wife by deed recorded in said Clerk's Office in Liber 4092 of Deeds page 560; thence southerly along the west line of lands: so conveyed to Knighton by aforesaid deed about twenty-six and fifteen hundredths (26 1 feet more or less to the northeast corner of land conveyed to John R. Abplonolp Jr. by deed recorded in said Clerk's Office in Liber 4794 of Deeds at Page 176; thence westerly along the north line of lands so conveyed to Abplonolp by aforesaid deed and along the north line of lands conveyed to Leonard J. Albig and Jean M. his wife by deed recorded in said Clerk's Office in Liber 5164 of Deeds page 142 and along the north line of lands conveyed to Leonard John Albig and Jean M. his wife by deed recorded in said Clerk's Office in Liber 4852 of Deeds at Page 502 and along the north line of lands conveyed to, Harry K. Work and Emma M. his wife by deed recorded in said Clerk's Office in Liber 4754 of Deeds at Page 342, about two hundred ninety and sixty hundredths (290.60) feet more or less to the east line of lands conveyed to Clime J. Haid by deed recorded in said Clerk's Office in Liber 3930 of Deeds page 565; thence northerly along the east line of lands so conveyed to Haid by aforesaid deed about twenty-six and fifteen hundredths (26.15) feet more or less to a point on the dividing line between the lands conveyed to Clarence J. }laid and Thelma his wife by deed recorded in said Clerk's Office in Liber 4363 of Deeds page 568, on the north and the lands conveyed to Pokorny by aforesaid deed on the south; thence easterly along the dividing line fix and last aforesaid about two hundred ninety-one and seventy-six hundredths (291.76) feet more or less to the place of beginning.

EXCEPTING therefrom the portion of land conveyed by Warranty Deed dated February 12, 1972, and recorded in said Clerk's Office in Liber 7891 of Deeds at Page 33, on February 17, 1972.

This Ordinance shall take effect immediately in accordance with law.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #7 - MA CO Supply Corp. Benzing Rd. Request Building Permit.

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from MA CO Supply Corp., 3304 Bening Road, for a Building Permit as recommended by the Planning Board 7/8/81 with stipulations and pending approval of landscape plans by the Conservation Board.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #8 - O.P.I.P., Big Tree Rd., Request rezone 1,100Ft. frontage from R2 to II.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

WHEREAS, a Public Hearing has been scheduled for July 22, 1981 at 7:15 P.M. EDT in the matter of O.P.I.P. to rezone 1,100 foot frontage, 350 feet in depth on the North side of Big Tree Road, West of the Southern Expressway from R3 to 11 as petitioned by O.P.I.P. Associates, and

WHEREAS, the Planning Board did recommend the rezoning of 379 foot frontage, 350 feet in depth on the North side of Big Tree Road, West of the Southern Expressway from R3 to I1 as petitioned by Tri-Delta Aggregates, Inc., Orchard Park, New York

NOW, THEREFORE, be it

RESOLVED that the ^Town Board be and is hereby authorized to schedule a Public Hearing on August 5, 1981 at 9:00 P.M. EDT to rezone from R3 to I1 approximately 379 foot front-age, 350 feet in depth on the North side of Big Tree Road, West of the Southern Express-way as petitioned by Tri-Delta Aggregates, Inc., and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Old Business #9 (not on Agenda) Lancaster Homes, Schedule Public Hearing Rezone from Pud to R3 Chestnut Ridge Village

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the T^own Board be and is hereby authorized to schedule a Public Hearing on August 5, 1981 at 8:30 P.M. EDT in the matter of rezoning Chestnut Ridge Village from PUD to R3 as petitioned by Lancaster Homes, Inc., 2847 Southwestern Blvd., Orchard Park, New York, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

New Business #1 - G. Henry, Hawthorne Dr. Re: drainage on Hawthorne Drive.

Mr. George Henry, 41 Hawthorne Drive, appeared before the Town Board and requested information re: the drainage on Hawthorne Drive. A discussion was held with members of the Town Board and a meeting was scheduled for July 22, 1981 at 8:00 P.M. EDT in

the Board Room to include residents of the Hawthorne Drive area, the Town Board, Building Inspector, Town Engineer and the Highway Superintendent.

New Business #2 - Increase charge for Certification of Marriage Registration.

13) 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 request from the Town Clerk to increase the fee for Certification of Marriage Registration from $2.00 to $5.00 to conform with all other towns in Erie County and allowed under New York State Law of 1981 Chapter 103.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

New Business #3 - Bank of N.Y., Request Bldg. Permit Orchard Park Plaza Automatic Teller.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, 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 the Bank of New York for a Building Permit to erect a building to house an automatic teller machine in the Orchard Park Plaza.

Before the vote was taken, Mr. Ostrander from the Bank of New York and Brian Czaja, Architect for the Bank of New York presented a scaled model of the proposed building for review by the Town Board.

E. B. Woodard Aye

J. J. Diggins Aye

R.. P Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Councilman Diggins reported on 1) the ground breaking ceremony of Boncraft on Taylor Rd. and welcomed them to Orchard Park and 2) review by the Town Board of Roberta Rules re: Tabling of a Motion. The Board made the decision to continue the rules as they now exist by precedent until this type of action or motion is abused.

Councilman Penny reviewed the action taken by the Village re: the parking lot behind the Jolls Property, owned by the Town of Orchard Park.

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 approve the appointment of William Westfield, 6077 Taylor Road as Parks and Grounds Foreman effective immediately, for the remainder of the year 1981.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

Building Inspector Robert Sweet reported on many of the pros and cons re: the requirement to have a certified Architect's Sea on all landscaping plans. He stated he feels this area of the Zoning Laws needs review by the Plannning Board and Conservation Board.

Highway Superintendent Ronald Geitter expressed his disappointment that the Town Board did not consider his proposal for consolidation of departments (Town Highway and Parks and Grounds). Members of the Town Board reviewed the reasons for opposition to the pro‑

posal at this time.

16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT;

RESOLVED that the Town Board. be and is hereby authorized to approve all entries on the Warrant #12 following auditing by members of the Town Board and in the funds indicated.:

WARRANT #12

GENERAL FUND $ 89,469.39

PART TOWN FUND 2,210.13

SPECIAL DISTRICTS 118,477.20

HIGHWAY FUND 25,344.46

TRUST & AGENCY FUND 1,051.09

FEDERAL REVENUE SHARING 2347.50

FEDERAL HUD COMMUNITY DEV. 2,050.00

DEBT SERVICE FUND 27,260.00

N.P.P. Escrow Acct. 1,478.20

E. B. Woodard Aye

J. J. Biggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to receive and file all the Communication as entered on the Agenda:

1. N.Y.S. Electric & Gas Corp. - Installation of 1 - 16000 light on Mid County Drive, authorized by the Town Board 4/15/81.

2. E.C.D.O.T. Closing of Bieler Road from 7/20/81 to 8/14/81.

3. Assemblyman Richard Kennedy - copy of Special Programs at N.Y.S. Parks & Historic Site

4. E.C. Dept. of Health - Approval of completed works for public water supply improvements South Freeman Road, Orchard Park Water District #19.

E. B. Woodard Aye

J. J. Biggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED.

18) THE FOLLOWING RESOLUTIQN 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 receive and file all the Reports as entered on the Agenda:

1. Building Permits and Building Inspector's Report for June 1981.

2: Town Justices John R. Bray and Edmund S. Brown, Jr. - Six month Summary of Cases Report

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Aye

D. P. Curley Absent

THE RESOLUTION WAS DULY ADOPTED