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 18th day of April, 1984 at 8:00 P.M. EST and there were
PRESENT AT ROLL CALL:
E. B. Woodard Supervisor
J. J. Diggins Councilman
D. J. Mill Councilman
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. C. Henning Police Chief
M. R. Merritt Town Engineer
ABSENT:
D. P. Curley Councilman - vacation
J. J. Mills Councilman - vacation
R. A. Geitter Supt. of Highways - vacation
R. W. Sweet Bldg. Inspector - on Town conference
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 DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 4/4/84, as presented by the Town Clerk, be and are 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.
Aye E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
E. J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #2 - Proclaim week of May 13-19,1984 as "Homes for the Aging.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, not-for-profit homes for the elderly in the Western New York area have historically provided a caring environment of unsurpassed excellence for the aged residents they serve; and
WHEREAS, this community salutes the legacy of foresight and creativity so generously passed on to us by our older citizens; and
WHEREAS, by way of testimony to this great legacy we declare on their behalf, that "Aging is Life's Fulfillment;"
THEREFORE, it is with humble gratification that we honor the elderly residents both in the community at large and within homes for the aging throughout the Town of Orchard Park by officially proclaiming May 13 - 19, 1984 as Homes for the Aging Week.
F. B. Woodard Aye
J. J. Biggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
At this time, Supervisor Woodard recognized Mrs. Marie Beal, 4879 California Road, former owner and founder of the Orchard Park Nursing Home, 6060 Armor Road. He presented Marie, on behalf of the Town Board and all residents of the Town of Orchard Park, with a pewter Orchard Park tray in token of everyone's friendship, esteem and gratitude for her unending belief in Orchard Park, her confidence in her ideas for the construction of the nursing home and most importantly the happiness she has brought to so many people. He wished her good health and many years of happiness in her retirement from the work‑
process but not from community affairs.
Marie was completely surprised and humbly thanked the Town for all their help and confidence in making her lifetime dream come true.
Old Business #1 - J. Birnbaum, 3170 Orchard Park Rd. (Angert's Plaza) Bldg. Permit - add't.
2) 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 Jay Birnbaum, 3170 Orchard Park Road (Angert's Plaza) for a building permit for a 4,104 sq. foot addition in lieu of concept approval as recommended by the Planning Board with stipulation 4/11/84, and be it further
RESOLVED that Town Board does declare a Negative Declaration under the SEQR Law and Regulations as recommended by the Planning Board.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 Eastwood Assoc. land to rear of 5285 Chestnut Ridge Rd. Phase III,
3) 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 Prom Eastwood Associates, land to rear of 5285 Chestnut Ridge Road, Phase III for building permits for multiple dwellings pending approval of Final Engineering Plans and as recommended by the Planning Board with stipulations 4/11/84, and be it further
RESOLVED the Town Board does delcare a Negative Declaration under the SEQR Law and Regulations as recommended by the Planning Board.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #3 - P. Haug, 2861 Southwestern Blvd. (Bliss Equip,) Special Use of Premises.
4) 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 deny the request from Patricia Haug, 2861 Southwestern Blvd. (Bliss Equipment) for Special Use of Demises as recommended by the Planning Board 4/11/84.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #4 - Russer Brokerage Co., 3862 N. Buffalo Rd. - Rezone from R3 to B2.
5) 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 May 16, 1984 at 8:45 P.M. EDT in the matter of rezoning property at 3862 N. Buffalo Road from R-3 to B-2 as requested by Russer Brokerage Company for use as a brokerage office, 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
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #5 - Schedule Public Hearing re: Zoning Ordinance -Antennas & Windmills.
6) 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 schedule a Public Hearing on May 16, 1984 at 8:30 P.M. EDT in the matter of the adoption of an amendment to the Zoning Ordinance governing Antennas and Windmills which amendment provides as follows:
Section 13-52 HEIGHT REGULATIONS
(A) Permitted exceptions to height regulations. The height limitations of Article IV and Article V shall not apply to antennae of a licensed amateur radio operator who operates for a non-commercial purpose under a license
issued pursuant to Part 97 of the Federal Communications Commission's Regulation whose antenna does not. exceed, sixty feet in total height above ground level and does not occupy more than one-tenth (1/10th) of the roof area, chimneys, church spires and belfries, silos, tanks, ventilators or necessary mechanical features oat occupying more than one-tenth (1/10) of the roof area.
(B) Roof mounted antennae including dish antennae or other devices for receiving, sending, or relaying electronic signals shall not project more than six (6) feet above the highest point of the building or exceed ten (10) square feet of wind resistance area.
Section 13-55 ACCESSORY STRUCTURES
(A) Minimum Regulations,
(1) Unattached accessory structures in R districts. Accessory structures, which are not Attached to a principal structure, ms y be erected in accordance with the following requirements'
(a) An accessory building shall not exceed one (1)
story or eighteen (18) feet in height and may
occupy not more than twenty-five (25) percent of
a required rear yard.
(b) No accessory structure shall be located within the front yard or required side yard.
(c) No accessory structure shall be located closer than ten (10) teat to any dwelling.
(d) No accessory structure shall be located closer than ten (10) feet to the rear lot line.
(2) Attached accessory structures in R districts and A districts. When an accessory structure is attached to the principal building it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
(3) Accessory structures in other than R districts. The provisions of this subdivision relating to accessory structures shall not apply to farms as defined in this chapter. (Res. of 12-1-76, S5 3-5)
(4) Accessory structures, antennae, including dish antennae, or other devices for receiving, sending or relaying electronic devices, all districts.
The structure shall have a permanent foundation. The extremities of the device including quy wires or anchors shall comply in all
respects with the yard requirements of this chapter applicable to,
unattached accessory structures and shall not exceed twelve (12) feet in height,
a. Corner lots: The structure shall not be located between the side street lot line and the principal building.
(5) Accessory structures, windmills, windvanes or
similar energy converting devices. Permitted in A-1 and I-1 districts only.
The total design of any structure and its components shall be reviewed and stamped by Professional Engineer (s).
a. The set back from any side, rear lot line or any buildinq or accessory building shall be equal to the overall height of the structure plus ten (10) feet.
b. Corner lots: The structure shall not be located between the side street lot line and the principal building.
c. The height shall not exceed forty (40) feet.
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
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #6 - Stable Permit renewals - Quakerfield, M.L. Morgan, Grace D'Angelo,
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 renewal of the following Public Stable Permits as recommended by the Building Inspector:
#1-1984 - Quakerfield Stable, 4760 Freeman Road #3-1984 - M. L. Morgan, 7295 Jewett Holmwood Road #4-1984 - Grace D'Angelo, 7895 East Quaker Street
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #1 - E.C. Bd. of Elections - Polling Places and waiver re: handicap accessible
8) 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 designate the following locations as Election Polling Places in Orchard Park for the year 1984 (see attached): and be it further
RESOLVED the Town Board does hereby petition the Erie County Board of Elections to waive the requirements of accessibility of rolling Places to the handicapped for Districts #3 and #15 located in the Municipal Building for the reason as stated in the attached format.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Supervisor Woodard reported Mrs. Bessie Bartlett has requested information in regard to installation of lighting on Newton Road and also a light at the corner of Powers and Burton Road which had been removed when Rte 2i9 was built. He stated he has been in touch with New York State Electric and Gas and they shall be making a survey of the area and send the Town a report of their findings. Mrs. Bartlett was in the audience and a discussion was held as to the need for lights in question. Supervisor Woodard stated the area from Chestnut Ridge Road along the park owned property on Newton Road has no power and lighting would only be installed if paid for by the County of We.
Councilman Diggins reported on a meeting at Yates Park with Town Engineer Merritt re: work needed to be done at the lake area. Hopefully within the next 2 to 3 weeks the following shall be done:
1. Improvements to boat launch area (new drainage system, removal of broken concrete, new blacktop surface and parking area)
2. Swimming area ( set new anchors for lifeguard float and markers)
3. Repairs to Shoreline ( place stone fill in eroded bank areas to stabilize and place pea gravel along path on top of dam)
4. Establish Fish Habitat (gravel/stone bed will be constructed at extreme westerly end of lake and some dead tree limbs & stumps will be placed in deep hole east of swimming area)
5. Weed Control Program (the lake will be surveyed by Mr. Russell James of Ecoscience (Old Forge, Pa.) on May 1, 1984 and a chemical treatment pro-gram will be established)
6. Fish Stocking Program ( a program will be set up to monitor the water quality at various locations in the lake preparatory to establishing a fish stocking program)
Councilman Mill reported the storage building construction began at Yates Park today This building has been needed for many years and will also be used as a work shop for Mr. Reese, Yates Park Custodian.
9) 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 schedule a Public Hearing on May 16, 1984 at 9:00 P.M. EDT for citizens input regarding the use of Federal Community Development Funds in the Town of Orchard Park in the amount of approximately $43,529.00 for the year 1984 grant, 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
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
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 application for P.I.P. #148 - Orchard Meadows Part VIII - extension of Old Orchard Lane as re-quested by Another Doll House Inc., 30 Quail Run, and as recommended by the Town Engineer pending receipt of all fees and necessary documents.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Town Engineer Michael Merritt reported on a meeting with County Legislator Meier, Erie County Water Authority, Supervisor Woodard, Councilman Mills re: Newton Road water problem. Councilman Mills had hoped he could obtain funding to construct a water line but at this point this does not seem feasible.
However, an alternative way for the residents who are in dire need of water to become water customers directly with Erie County Water Authority is being explored. Erie County Water Authority would construct the line, own and maintain the line and the Town of Orchard Park would not be involved.
11) 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 all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:
WARRANT #7
GENERAL FUND $87,974.05
PART TOWN FUND 3,227.79
FEDERAL REVENUE SHARING FUND 16,161.63
HIGHWAY FUND 32,859.36
SPECIAL DISTRICTS FUND 89,798.06
TRUST & AGENCY FUND 27,673.38
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
12) 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 receive and file all communications as entered on the Agenda:
1. Tn. of Hamburg - Copy of Resolution memorializing the County of Erie to establish a $15.00 return to Town for STOP - DWI Program.
2. Boncroft, Inc. - notification of scheduled Company picnic at Yates Park 6/30/84.
3. Assemblyman L. William Paxon - notification of cancellation of 1984 Local Government Conference scheduled for May 20 -22, 1984 in Albany.
4. Western New York Utilities Association - Request coordinated planning of construction projects and notification to them when a design for new project in Town jurisdiction is begun.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Absent
J. J. Mills Absent
THE RESOLUTION WAS DULY ADOPTED.
Supervisor Woodard thanked Historian John Printy for the 1983 scrapbook prepared. by him with all the important events that took place in our Town. As always, it is most carefully done and denotes John's love for his home town.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:47 P.M. EST wishing everyone a Happy and Joyous Easter.
Respectfully submitted,
Betty K. Reukauf
Town Clerk