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 17th day of June,

1981 at 8:00 P.M. EDT and there were

PRESENT AT ROLL CALL:

 

E.. B. Woodard    Supervisor

J. J. Biggins     Councilman

R. P. Penny       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

 

ABSENT :

D. J. Mill  Out of town on business

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

Old Business #1 - Eastwood Assoc., 5283 Chestnut Ridge Rd. Request for Building Permit.

1) 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 Eastwood Associates, 5283 Chestnut Ridge Road for a building permit as recommended. by the Planning Board 6/10/81.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #2 - Gilbert Pederson, Esq. Letter to Town Board 10/27/80 Re: Zoning

Gilbert Pederson, Esq., Forest Drive, Orchard Park appeared before the Town Board re-questing the Board to review his letter sent to the Town Board 10/27/80 regarding property on Lake Avenue East of the Expressway which had been zoned R3 and Business. In 1973 the property was zoned R3 and an amendment to the Master Plan provided that not more then 1/3 of a Subdivision shall be used for 2 Family Residences. Mr. Pederson stated the trend has been away from 1 Family homes because of costs, the economy etc. Because of the restrictive ordinance amendment he has been unable to sell the property.

He requested the Board to reconsider this amendment passed in 1973 and suggested it be done in one of two ways.

1.                Repeal this amendment and eliminate this restriction for 1 - 2 family for every 2-1 family homes or

2.                Repeal this amendment for R4 zoning and rezone the property in question to R4

A discussion with members of the Town Board followed and the Town Board will discuss the matter at a work session and try to come to a suitable decision.

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 as petitioned by Philip and Carlton Hasselback, 3388 Southwestern Blvd. which provides as follows:

To grant a Special Exception Use Permit on land located at 3388 Southwestern Blvd. Orchard Park for the purpose of operating a self service fueling facility.

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

Philip Hasselback 240 Ranson Road, Clarence, New York

OPPONENTS

No one spoke,

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

RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to grant a Special Exception Use Permit on land located at 3388 Southwestern Blvd for the purpose of operating a self serve fueling facility be and is hereby closed at 8:25 P.M. EDT.

E. B. Woodard.    Aye

J. J. Biggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

3)                THE FOLLOWING RESOLUTION:. WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

WHEREAS, following due and timely notice, a public hearing relating to the matter of a petition for a Special Exception Use as presented by Philip and Carlton Hasselback at 3388 Southwestern Blvd. for the purpose of a self serve fueling facility was conducted at the Municipal Building, k295 South Buffalo Street, Orchard Park, New York on the 17th day of June, 1981 at which all interested parties were given an opportunity to be heard, and

WHEREAS, approval from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, 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 Orel Park be and are hereby amended by granting a Special Exception Use for all that tract parcel of land bounded and described as follows:

Parcel"A"         all that plot of land situated in the Town of 'Orchard Park, County of Erie and State of New York, being part of Lot Number nineteen (19), Township nine (9), Range seven (7) of the Buffalo Creek Reservation, bounded and described as follows :

         BEGINNING at the intersection of the northwesterly
line of the Southwestern Boulevard with the northerly line of Lot Number nineteen (19) ; thence westerly along the northerly line of Lot Number nineteen (19), one hundred eighty-nine and seventy-five hundredths (189.75) feet to a point one hundred fifty (150) feet northwesterly at right angles from the north‑

            westerly line of said Boulevard; thence southwesterly parallel with said Boulevard, twenty--five .and eight-tenths (25.8) feet; thence southeasterly parallel with Pleasant Avenue, as shown on •a map filed under Cover Number 1487, and three hundred (300) feet-: northeasterly therefrom, one hundred fifty (150) feet to the Southwestern Boulevard; thence northeasterly along said Boulevard one hundred forty-two (142) feet to the point of beginning, containing 0.29 of an acre,-more or less.

         ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the:

Parcel"B"      Town of Orchard Park, County of Erie and State of New York,  . being part of Lot Number nineteen (19), ,Township ten (10) and Range seven (7) of the Buffalo Creek Reservation, bounded and described as follows:

         BEGINNING at a point in the northwesterly line of .Southwestern Boulevard, distant one hundred forty-three (143) feet southwesterly from the intersection of the northwesterly line of Southwestern Boulevard with the-north line of Lot Number nineteen (19), as measured along the northwesterly line of Southwestern Boulevard, and which point of beginning is three hundred (300) feet northeasterly from the intersection of the northwesterly line of Southwestern Boulevard and the northeaster).

line of .Pleasant- Avenue, as measured along the northwesterly line of Southwestern Boulevard; thence southwesterly along the north westerly line of Southwestern Boulevard, a distance of one hundred fifty (150) feet; thence northwesterly and at right angles to the northwesterly line. of Southwestern Boulevard, a distance of one hundred fifty (150) feet; thence northeasterly and parallel with the northwesterly line of Southwestern Boulevard, a distance of one hundred fifty (150) feet; thence southeasterly and at right angles to the northwesterly line of Southwestern Boulevard, a distance of one hundred fifty (150)  feet to the point of beginning containing fifty-two hundredths (0.52) of an acre.

The Ordinance shall take effect immediately in accordance with law.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED,

Old Business #3 - V. Giannis, Ellicott Rd. - Schedule Public Hearing, Special Exception Use.

4) 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 schedule a Public Hearing on July 15, 1981 at 8:15 P.M. EDT in the matter of a Special Expeption Use for a Home Occupation for a Gunsmith Shop in an R3 zone as petitioned by Vincent Gianni, 4990 Ellicott Road.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #4 - J.E.Trautman (Buffalo Oxygen Services) N. Buffalo Rd.-Change in Use & C/O.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from Jacob E. Trautman (Buffalo Oxygen Services) 3560 N. Buffalo Road for a Change in Use and C/O as recommended by the Planning Board 6 10/81.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #5 - T. Mclndoo N. Buffalo Rd. Change in Use & C 0 for Video Games Parlor.

6) 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 deny the request from Thomas Mclndoo, 3670 N. Buffalo Road for a Change in Use and C/O for a Video Games Parlor as recommended by the Planning Board, 6/10/81

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

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 as petitioned by Jerold Lewandowski, 5457 Big Tree Road which provides as follows:

To grant a Special Exception Use Permit on land located at 5457 Big Tree Road, Orchard Park for the purpose of operating a home furniture, refinishing and repair occupation.

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 these minutes.

PROPONENTS

Jerald Lewandowski, 5457 Big Tree Road, Orchard Park Suzanne Lewandowski, 5457 Big Tree Road, Orchard Park

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to grant a Special Exception Use Permit on land located at. 5457 Big Tree Road for the purpose of operating a home furniture, refinishing and repair occupation be and is hereby closed at 8:32 P.M. EDT.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of a petition for a Special Exception Use as presented by Jerold Lewandowski, 5457 Big Tree Road for the purpose of a home furniture refinishing and repair occupation was conducts at the Municipal Building, 4295 South Buffalo Street, Orchard Park, New York, on the 17th day of June, 1981 at which time all interested parties were given an opportunity to be heard, and

WHEREAS, approval from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and

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

NOW, THEREFORE, be it

THAT TRACT OR PARCEL OF LAND, situate in the Town at Orchard Park, (formerly East Hamburgh), County of Erie and State of New York, being part of Lot No. Thirty-one (31), Township Nine (9), Range Seven (7), of the Holland Land Company's Survey, and more particularly bounded and described as follows:

 

BEGINNING at a point in the center line-of Big Tree Road one hundred twenty-one-and forty-three hundredths (121.43) feet east of the west line of said Lot No. Thirty-one (31) and which point is also one hundred twenty (120) feet East of said west line of said Lot No. Thirty-one (31) measured at right angles thereto; running thence south on a line parallel to the. west line of said Lot No. Thirty-one (31) and one hundred twenty (120) feet easterly therefrom as measured at right angles thereto twelve hundred forty-four and twenty hundredths (1244.20) feet to the south lire of said Lot No. Thirty-one (31) ;

running thence westerly along the south line of said. Lot No. Thirty

one (31), seventh and two hundredths . (70.02) feet to a point fifty (50) feet east of the west line of said Lot No. Thirty-one (31) measured at right angles thereto; running thence northerly and parallel with the west line of said Lot No. Thirty-one (31) and fifty (5( feet easterly therefrom as measured at right angles thereto, twelve .hundred forty-seven .and eighty-four hundredths (1247.84) feet to the center line of the Big Tree Road; running thence southeasterly along the center line of the Big Tree Road seventy and. ninety-five hundredths (70.95) feet to the point or place of beginning.

 

This Ordinance shall take effect immediately. in accordance with law.

E. B. Woodard.    Aye
J. J. Digging     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #1 - C.J. Bird (Gamble Letter Service) Change in Use & C/0 for Co      Print Service

 

9)    THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, 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 Carol J. Bird/Gamble Letter Service Inc., 3752 N. Buffalo Road for a Change in Use and C/0 to operate a Copy/Print Service.

 

E. B. Woodard.    Aye
J. J. Digging     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #2 - Tri-Delta Aggregates, Inc. 5698 Big Tree Rd. Request rezone property to I-1.

 

10)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, 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 Tri-Delta Aggregates, Inc. 5698 Big Tree Rd. to rezone property to I-1.

 

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

 

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from Assessor Allison Arlen to attend the Cornell Tax Appraisal Seminar at Cornell, N.Y. August 2 - 7, 1981, at Town expense.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED,

Supervisor Woodard stated he had received an information file re: traffic control at Southwestern Blvd. and Angle Road. He referred the matter for review to the Safety Committee and Police Chief and stated this is a State of New York Highway traffic pro­blem.

Councilman Diggins again stated his concern for the dangerous condition on Powers Road (County Road) West of Murphy Road and requested the Safety Committee and Police Chief to review the need for the placement of a suitable sign or signs to be placed in the area notifying the motorists of the access into Powers Road.

12) THE FOLLOWNG 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 direct the Highway Super­intendent, under Section 64-5A of the Town Law, to cut the grass on property located at 4025 Freeman Road, and be it further

RESOLVED that the total cost of such work shall be placed on the Tax Rolls for such property.

 

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of the following to the Summer Recreation Staff as recommended by the Recreation Dir­ector:

NAME  ADDRESS     CATEGORY    RATE HRS/WK

Joan Avery        6905 Powers Rd.         Day Camp Aide (Ellicott)      $2.48 30

Kathy Zielinski   88 Fox Meadow Ln.       Day Camp Aide (Eggert)  2.48  30

Beth Brucker      24 Cherry Tree Ln.      Tennis Aide             2.48 25-30

David Speranza    6557 Jewett             Holmwood Rd. Day Camp Aide (Baker)  2.48  30

Nadine Thrun      155A Thorn Ave.         Day Camp Aide Windom)               2.48

Michael Dudek     12 Ridgewood Dr.        Day Camp Aide Ellicott)             2.48  30

Rob Kirkner       16 Bender Dr.           Swim Lifegr. (Middle & Gr.Lake)     3.03  30

E. B. Woodard                                            Aye

J. J. Diggins                                            Aye

R. P. Penny                                                       Aye

D. J. Mill                                                        Absent

D. P. Curley                                             Aye

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, the Town Board did have a work session with the Youth Committee and evaluated the need and merit of the establishment of a Youth Board, and a Youth Director, and.

WHEREAS, the Youth . Board as a Citizens Committee performed an outstanding job . in re-searching the problems of our youth, and

WHEREAS, after numerous meetings, dialogue, my own experiences and research and a strong concern to try to tie together all existing facilities together to better un­derstand and solve the many existing problems of our youth, the Town Board believes the problems relative to our community's youth are far reaching, visible in every sec­tion of our town and are of extremely serious concern to the Town Board

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the appropriate documents authorizing the release of Town Funds in an amount not to exceed Twelve Thousand ($12,000.00) Dollars to be used for hiring an Orchard Park Youth Bureau Director, and those related expenses that have been deemed appro­priate by the Orchard Park Youth Board, and be it futher

RESOLVED that this financial transaction be accomplished with the guidance of the Town Auditor, John Malloy, in such a manner that the Town of Orchard Park shall take maximum advantage of matching funds allocated by the State of New York and or other governmental agencies, and be it further

     

RESOLVED that the designated members of the Orchard Park Youth Board be given full status as a Youth Board and that said. Board be and is hereby directed to screen all interested and qualified applicants for the position of Youth Bureau Director and submit their recommendations to the Town Supervisor for official appointment by the Town. Board, and be it further

RESOLVED the Orchard Park Youth Board designate one of its members as laison in all matters of related business with the Orchard Park Town Board, and be it further

RESOLVED the Town Board designate one of its members as laison to the Youth Board and who shall attend all meetings of the Youth Board, and be it further

RESOLVED that the Town Board laison to the Youth Board shall be designated as a yearly appointment at the Organizational Meeting in January of each year and such laison may be reappointed or a new appointment be made at the direction of the Town Board.

E. B. Woodard     Nay

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

15) 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 direct the Supervisor to advertise for qualified candidates for the position of Foremen of Parks and Grounds. This position was held by William (Bud) Davis, Jr. who died suddenly May 18,1981.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

Councilman Curley reported on 1) an Open House at Frazier Harlake on Mid County Drive and the receipt of a check from them in lieu of taxes, and 2) the 10th Anniversary of the Library on July 12, 1981 from 2 - 4 P.m.

16) 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 approve all entries on Warrant #10 following auditing by members of the Town Board and in the funds indicated:

                        WARRANT #10

GENERAL FUND            $301,323.76

PART TO N FUND          9,632.99

SPECIAL DISTRICTS       153,141.86

HIGHWAY FUND            85,193.16

TRUST & AGENCY FUND     24,569.82

FEDERAL REVENUE SHARING 2,731.98

N.P.P. Escrow Acct.     2.800.00

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

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

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

1.    Orchard Park Central Schools Election of individuals to School Board 6/10/81.

2.    William F. Schueler - Resignation from Town Planning Board.

3.    Senator Raymond F. Gallagher Re: receipt of letter with. resolutions #7 & #8 from the Association of Towns adopted in February 1981.

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       Aye

D. J. Mill        Absent

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

BUSINESS FROM THE FLOOR

Thomas Mclndoo, 3670 N. Buffalo Road, discussed the reason for the Planning Board's denial of his request for a Change in Use & C/O for a Video Games Parlor. The Town Board suggested he request the Planning Board to reconsider his request if he feels he has additional information that may change their decision.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:08 P.M. EDT.

Respectfully submitted,

Betty K. Reukauf

Town Clerk